Muskego v. Norway House Cree Nation, 2011 FC 719

Date: 20110617

Docket: T-1013-09

Citation: 2011 FC 719

BETWEEN:

          ASSESSMENT OF COSTS – REASONS

Charles E. Stinson

Assessment Officer

[1]               The Court dismissed with costs to the Respondent, the Norway House Cree Nation (the Respondent), this application for a reference to this Court concerning the jurisdiction of a First Nations Election Appeal Committee. I issued a timetable for written disposition of the assessment of the bill of costs of the Respondent.

[2]               The Applicant did not file any materials in response to the Respondent’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.

[3]               Although there were items in the bill of costs of the Respondent which might have attracted disagreement, its total amount is generally arguable as reasonable within the limits of the award of costs and is allowed as presented at $3,276.

“Charles E. Stinson”

Vancouver, BC

June 17, 2011

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-1013-09

STYLE OF CAUSE:                          FRED MUSKEGO v. THE NORAY HOUSE CREE NATION et al.

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

REASONS FOR ASSESSMENT OF COSTS:                    Charles E. Stinson

DATED:                                                                                 June 17, 2011

WRITTEN REPRESENTATIONS:

SOLICITORS OF RECORD: