Sztern v. Me Deslongchamps, 2009 FC 168

Date: 20090218

Docket: T-1184-07

Citation: 2009 FC 168

BETWEEN:

HENRY SZTERN

Applicant

and

Me ANDRÉ DESLONGCHAMPS.

ES QUALITÉ DELEGATE OF THE

SUPERINTENDANT OF BANKRUPTCY

and

SYLVIE LAPERRIÈRE, ES QUALITÉ SENIOR ANALYST

FOR THE OFFICE OF THE

SUPERINTENDANT OF BANKRUPTCY

Respondents

ASSESSMENT OF COSTS - REASONS

Johanne Parent

Assessment Officer

[1]               On March 4, 2008, the Court dismissed with costs the application for judicial review of an interlocutory decision pursuant to subsection 14.02 of the Bankruptcy and Insolvency Act. A timetable for written disposition of the assessment of the respondent Sylvie Laperrière, es qualité’s bill of costs was issued on May 15, 2008. The respondent’s counsel filed no further written submissions than what had already been submitted on May 2, 2008. Although duly served, there were no submissions made in response on behalf of the applicant within the timeframe set out, nor was there any request to extend the time to file submissions. The assessment of the respondent’s bill of costs will proceed despite its non-contestation.

[2]               As stated on many occasions by Mr. Charles Stinson, Senior Assessment Officer, and most recently in Bell v. Canada, [2008] F.C.J. No. 282:

“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.”

In accordance with the above referenced comments, despite the lack of challenge by the opposing party, I am prepared to determine whether or not the fees and disbursements claimed in the respondent’s bill of costs are allowable.

[3]               The respondent’s claims under Items 2, 13, 14, 15, 25, 26 and 27 are allowed, as claimed. With regard to the disbursements claimed, they are supported by affidavit, not contested and were all charges deemed necessary to the conduct of this matter. The amounts claimed are reasonable and are, therefore, allowed.

[4]               The respondent’s bill of costs is allowed for a total amount of $4,681.42.

    “Johanne Parent”

Toronto, Ontario

February 18, 2009

FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          T-1184-07

STYLE OF CAUSE:                          HENRY SZTERN and Me ANDRÉ ESLONGCHAMPS.

ES QUALITÉ DELEGATE OF THE SUPERINTENDANT OF BANKRUPTCY and SYLVIE LAPERRIÈRE, ES QUALITÉ SENIOR ANALYST

FOR THE OFFICE OF THE SUPERINTENDANT OF BANKRUPTCY

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

PLACE OF ASSESSMENT:                                                 TORONTO, ONTARIO

REASONS FOR ASSESSMENT OF COSTS:                    JOHANNE PARENT

DATED:                                                                                 FEBRUARY 18, 2009

WRITTEN REPRESENTATIONS:

SOLICITORS OF RECORD: