Carlson v. Canada, 2009 FC 582

Date: 20090603

Docket: T-1837-03

Citation: 2009 FC 582

BETWEEN:

PAUL ALLAN CARLSON

Plaintiff

and

HER MAJESTY THE QUEEN

IN RIGHT OF CANADA

Defendant

ASSESSMENT OF COSTS – REASONS

Charles E. Stinson

Assessment Officer

[1]               The Court allowed with costs the Defendant’s application for designation of the Plaintiff as a vexatious litigant. I issued a timetable for written disposition of the Defendant’s bill of costs.

[2]               The Plaintiff did not file any materials in response to the Defendant’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. There were items which might have attracted disagreement, but the total amount is generally arguable as reasonable within the limits of the award of costs and is allowed as presented at $2,461.66.

“Charles E. Stinson”

Vancouver, BC

June 3, 2009

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-1837-03

STYLE OF CAUSE:                          PAUL ALLAN CARLSON v. HMQ

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

REASONS FOR ASSESSMENT OF COSTS:                    CHARLES E. STINSON

DATED:                                                                                 June 3, 2009

WRITTEN REPRESENTATIONS:

SOLICITORS OF RECORD: