Docket: T-1101-06
Citation: 2012 FC 491
BETWEEN:
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KHETAM THAIHER ZEID
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Plaintiff
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and
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MINISTER OF PUBLIC SAFETY AND EMERGENCY
PREPAREDNESS
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Defendant
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ASSESSMENT
OF COSTS - REASONS
Charles E. Stinson
Assessment
Officer
[1]
The
Court dismissed with costs this statutory appeal by way of action further to
section 30 of the Proceeds of Crime (Money Laundering) and Terrorist
Financing Act, SC 2000, c 17. I issued a timetable for written
disposition of the assessment of the bill of costs of the Defendant. The
Plaintiff did not file any materials in response to the Defendant’s materials.
[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 Defendant which might have
attracted disagreement, its total amount is generally arguable as reasonable and
is allowed as presented at $9,376.11.
“Charles E. Stinson”
Vancouver, BC
April 26, 2012
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-1101-06
STYLE OF CAUSE: KHETAM
THAIHER ZEID v MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
ASSESSMENT OF COSTS IN WRITING WITHOUT
PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES
E. STINSON
DATED: April
26, 2012
WRITTEN REPRESENTATIONS BY:
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n/a
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FOR THE PLAINTIFF
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François Paradis
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FOR THE DEFENDANT
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SOLICITORS OF RECORD:
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Sinclair & Associates
Winnipeg, MB
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FOR THE PLAINTIFF
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Myles J. Kirvan
Deputy Attorney General of Canada
Vancouver, BC
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FOR THE DEFENDANT
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