Russell v. Canada (Attorney General), 2010 FC 622

Date: 20100609

Docket: T-663-09

Citation: 2010 FC 622

BETWEEN:

DONALD RUSSELL

Applicant

and

THE ATTORNEY GENERAL OF CANADA

Respondent

ASSESSMENT OF COSTS - REASONS

Bruce Preston

Assessment Officer

[1]               On December 17, 2009 the Applicant discontinued his Notice of Application. Pursuant to Rule 402 of the Federal Courts Rules, the party against whom an application has been discontinued is entitled to costs forthwith.

[2]               The Respondent filed its Bill of Costs on March 9, 2010.

[3]               Further to the Directions of March 26, 2010, the Respondent has filed materials in support of its Bill of Costs, however the Applicant has not responded. As the time limits for the filing of submissions have now passed I will proceed with the assessment.

[4]               In Reginald R. Dahl v. HMQ 2007 FC No.192  at paragraph 2, the assessment officer held:

Effectively, the absence of any relevant representations by the Plaintiff, which could assist me in identifying issues and making a decision, leaves the bill of costs unopposed. My view, often expressed in comparable circumstances, is that the Federal Courts Rules do not contemplate a litigant benefiting by an assessment officer stepping away from a position of neutrality to act as the litigant’s advocate in challenging given items         in a bill of costs. However, the assessment officer cannot certify unlawful items, i.e. those outside the authority of the judgment and the Tariff.

[5]               Following these reasons, I have reviewed the file; particularly the materials filed in support of the Bill of Costs, and find the amounts claimed to be reasonable and necessary.

[6]               For the above reasons, the Bill of Costs is assessed and allowed as presented at $1,599.63. A certificate of assessment will be issued.

                                                                                                                 “Bruce Preston”

Toronto, Ontario

June 9, 2010

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-663-09

STYLE OF CAUSE:                          DONALD RUSSELL v. THE ATTORNEY GENERAL OF CANADA

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

PLACE OF ASSESSMENT:                                                 TORONTO, ONTARIO

REASONS FOR ASSESSMENT OF COSTS:                    BRUCE PRESTON

DATED:                                                                                 June 9, 2010

WRITTEN REPRESENTATIONS:

SOLICITORS OF RECORD: