Smart v. Canada (Attorney General), 2010 FC 944

Date: 20100921

Docket: T-1465-07

Citation: 2010 FC 944

BETWEEN:

DEREK SMART

Applicant

and

ATTORNEY GENERAL OF CANADA

Respondent

ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

Assessment Officer

[1]               The Court dismissed with costs to the Respondent this application for judicial review of a decision of a Deputy Commissioner of the Royal Canadian Mounted Police which had overturned a decision of an adjudication board staying disciplinary proceedings against the Applicant. I issued a timetable for written disposition of the assessment of the bill of costs of the Respondent.

[2]               The Applicant did not file any materials in response to the Respondent’s materials. My view often expressed in comparable circumstances is that the Federal Courts Rules do not contemplate a litigant benefiting by having an assessment officer step away from a neutral position 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.

[3]               Although there were items in the bill of costs of the Respondent which might have attracted disagreement, its total amount is generally arguable as reasonable within the limits of the award of costs and is allowed as presented at $4,009.33.

“Charles E. Stinson”

Vancouver, BC

September 21, 2010

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-1465-07

STYLE OF CAUSE:                          DEREK SMART v. AGC

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

REASONS FOR ASSESSMENT OF COSTS:                    CHARLES E. STINSON

DATED:                                                                                 September 21, 2010

WRITTEN REPRESENTATIONS BY:

SOLICITORS OF RECORD: