Canada (Citizenship and Immigration) v. Gurung, 2012 FC 126

  20120201

Docket: T-1406-09

Citation: 2012 FC 126

BETWEEN:

	THE MINISTER OF CITIZENSHIP AND IMMIGRATION
		Plaintiff
	and
	MAN LAL GURUNG
		Defendant

 

          ASSESSMENT OF COSTS - REASONS

 

BRUCE PRESTON - ASSESSMENT OFFICER

 

[1]               By way of order dated January 10, 2011, the Court struck the Defendant’s Statement of Defence and awarded costs to the Plaintiff for this action on a party-to-party basis.

 

[2]               On January 18, 2011, the Plaintiff filed its 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 September 28, 2011, a direction was issued setting a timetable for the filing of materials.

 

[3]               The Plaintiff has filed materials in support of its Bill of Costs, however the Defendant 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 F.C.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.”

 

[5]        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.

 

[6]            The Bill of Costs is allowed at $10,291.84. A certificate of assessment will be issued.

 

    “Bruce Preston”

 

 

 

 

Toronto, Ontario

February 1, 2012

 

 

 

 

 

 

 

FEDERAL COURT

 

SOLICITORS OF RECORD

 

 

DOCKET:                                                                              T-1406-10

 

STYLE OF CAUSE:                                                              MINISTER OF CITIZENSHIP AND IMMIGRATION v. MAN LAL GURUNG

 

 

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

 

 

PLACE OF ASSESSMENT:                                                 Toronto, Ontario

 

 

REASONS FOR ASSESSMENT OF COSTS:                    BRUCE PRESTON

 

 

DATED:                                                                                 February 1, 2012

 

 

WRITTEN REPRESENTATIONS:

 

Tamrat Gebeyehu	FOR THE PLAINTIFF
N/A	FOR THE DEFENDANT

 

SOLICITORS OF RECORD:

 

Myles J. Kirvan Deputy Attorney General of Canada	FOR THE PLAINTIFF
Chayanika Dutta, Barrister & Solicitor Toronto, ON	FOR THE DEFENDANT