Lena In Pro Se v. Canada, 2012 FC 121

 Date: 20120131

Docket: T-1033-10

Citation: 2012 FC 121

BETWEEN:

          ASSESSMENT OF COSTS - REASONS

BRUCE PRESTON - ASSESSMENT OFFICER

[1]               By way of order dated August 31, 2010, the Court struck the Plaintiff’s Statement of Claim with no possibility of amendment, the whole with costs.

[2]               On February 18, 2011, the Defendants filed their Bill of Costs. Upon reviewing the file it was determined that this was an assessment which would be suitable for disposition by written submissions. On October 7, 2011, a direction was issued setting a timetable for the filing of materials. On October 11, 2011, a facsimile was received from Lina Cormier of the Atlantic Institution informing the Registry that Mr Lena had been released and that there was no forwarding address provided by him. Having served the Plaintiff with the direction at the Atlantic Institution, and not having a current address for service to contact the Plaintiff, I will proceed with the assessment.

[3]        In Reginald R. Dahl v. HMQ [2007] F.C.J. No.192  at paragraph 2, the assessment officer stated:

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.

[4]        Having reviewed the file of the proceeding, the Bill of Costs and the material filed in support of the costs, I am satisfied that the amounts claimed may be allowed as presented.

[5]        The Bill of Costs presented at $972.91 is allowed as presented. A certificate of assessment will be issued.

“Bruce Preston”

TORONTO, ONTARIO

January 31, 2012

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-1033-10

STYLE OF CAUSE:                          MICHAEL ANGELO LENA IN PRO SE v. HER MAJESTY THE QUEEN IN REGARDS TO THE DONNACONA PRISON ET AL AND WARDEN SYLVIE PATENAUDE AND 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:                                                                                 JANUARY 31, 2012

WRITTEN REPRESENTATIONS:

SOLICITORS OF RECORD: