Date: 20020903
Docket: T-1963-98
Neutral citation: 2002 FCT 930
Between:
G-LÉON AUBERT
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
ASSESSMENT OF COSTS - REASONS
SUZANNE DAVID, ASSESSMENT OFFICER
[1] Following a notice of status review dated February 4, 2000, a number of requests and motions were presented by the plaintiff, which resulted in a time frame set by an order on
August 10, 2001. Since this time frame was not complied with, on November 8, 2001, the Court
ordered the plaintiff:
[TRANSLATION] ". . . to give the reasons for this default in writing and explain why this matter should not be dismissed for delay, failing which the plaintiff's action will automatically be struck out, with costs . . . "
[2] On January 9, 2001, the Court dismissed the plaintiff's action with costs, referring to the clear wording of the order of November 8, 2001, and to the plaintiff's default.
[3] The defendant's bill of costs was filed on April 25, 2002, accompanied by a letter requesting that it be assessed without the personal appearance of the parties.
[4] The plaintiff did not file any written representations within the period specified by the Registry. Even though Mr. Aubert is representing himself, the case law is clear regarding the duty of neutrality of an assessment officer. Rule 122 of the Federal Court Rules, 1998, moreover, states:
". . . a party not represented by a solicitor . . . shall do everything required, and may do anything permitted, to be done by a solicitor under these Rules."
We took the trouble of checking whether the plaintiff had in fact received the letter from the Registry notifying him of this assessment. In the circumstances, we must proceed with the assessment of costs by taking into account costs authorized both by the judgment and by the Federal Court Rules, 1998, as well as supporting documents that were submitted in support of the items claimed as disbursements.
[5] The items claimed are considered reasonable and are allowed with the exception of item 26 for assessment of costs, which is reduced to two units given that no objection was made.
[6] The defendant's bill of costs in the amount of $1,694.66 is assessed and allowed in the amount of $1,584.66 after reducing it by one unit of $110.00. A certificate will be issued for that amount.
SUZANNE DAVID
ASSESSMENT OFFICER
MONTRÉAL, QUEBEC
September 3, 2002
Certified true translation
S. Debbané, LLB
FEDERAL COURT OF CANADA
TRIAL DIVISION
SOLICITORS OF RECORD
COURT FILE NO.: T-1963-98
Between:
G-LÉON AUBERT
Plaintiff
AND
HER MAJESTY THE QUEEN
Defendant
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS OF SUZANNE DAVID, ASSESSMENT OFFICER
DATE OF REASONS: September 3, 2002
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario For the Defendant
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