Date: 20110610
Docket: T-1591-10
Citation: 2011 FC 673
BETWEEN:
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CHRIS G. BAKER, VICTOR MOOSE,
NORA SPENCE, and FRED MOOSE
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Applicants
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and
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JACK DYSART, SHIRLEY BRIGHTNOSE, BRIAN
WOOD, LOUIS SPENCE, ESTHER DYSART, ANUPAM SHARMA, ECHO MOOSE, LORETTE
STEVENS, LOUIS G. DUMAS, ROGER MOOSE and ROSALIE BAKER
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Respondents
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ASSESSMENT
OF COSTS – REASONS
Charles
E. Stinson
Assessment
Officer
[1]
The
Applicants discontinued their application for declaratory, prerogative and
injunctive relief concerning a First Nations election and their notice of
motion for interim injunctive relief. The Respondents, Jack Dysart,
Shirley Brightnose, Brian Wood, Louis Spence and Esther Dysart (the Dysart
Respondents), considered these occurrences as discrete events giving rise to
their discrete entitlements to costs forthwith pursuant to Rule 402, although
presenting these respective entitlements in a single bill of costs. I issued a
timetable for written disposition of the assessment of the bill of costs
of the Dysart Respondents.
[2]
The
Applicants did not file any materials in response to the Dysart Respondents’
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 tariff.
[3]
Although
there were items in the bill of costs of the Dysart Respondents which might
have attracted disagreement, its total amount is generally arguable as
reasonable within the limits of the tariff and is allowed as presented at $8,008.
“Charles
E. Stinson”
Vancouver, BC
June
10, 2011
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-1591-10
STYLE OF CAUSE: CHRIS
G. BAKER et al. v. JACK DYSART et al.
ASSESSMENT OF COSTS IN WRITING WITHOUT
PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ASSESSMENT
OF COSTS: Charles
E. Stinson
DATED: June 10, 2011
WRITTEN REPRESENTATIONS:
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n/a
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FOR THE APPLICANTS
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Harley I. Schachter
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FOR THE RESPONDENTS,
Jack Dysart et al.
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SOLICITORS OF RECORD:
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D’Arcy & Deacon LLP
Winnipeg, MB
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FOR
THE APPLICANTS
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Duboff Edwards Haight & Schachter
Winnipeg, MB
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FOR THE RESPONDENTS,
Jack Dysart et al.
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Tapper Cuddy LLP
Winnipeg, MB
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FOR THE RESPONDENT,
Anupam Sharma
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Myers Weinberg LLP
Winnipeg, MB
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FOR THE RESPONDENTS,
Echo Moose et al.
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