Richer v. Canada (Correctional Service), 2007 FC 348

Date: 20070330

Docket: T-1583-05

Citation: 2007 FC 348

BETWEEN:

JEAN RICHER

Applicant

and

CORRECTIONAL SERVICE OF CANADA and

ATTORNEY GENERAL OF CANADA

Respondents

ASSESSMENT OF COSTS – REASONS

Charles E. Stinson

Assessment Officer

[1]               In the course of this proceeding for judicial review, the Applicant has appealed two different interlocutory decisions of a Prothonotary. Said appeals were dismissed with costs. I issued a timetable for written disposition of the assessment of the Respondents' bill of costs.

[2]               The Applicant did not file any materials in response to the 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 judgment and the tariff. I examined each item claimed in the bill of costs and the supporting materials within those parameters. In the circumstances of this litigation, the total amount claimed in the bill of costs is generally arguable as reasonable within the limits of the awards of costs. The Respondents' bill of costs is assessed and allowed as presented at $960.00.

"Charles E. Stinson"

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-1583-05

STYLE OF CAUSE:                          JEAN RICHER v.

                                                            CORRECTIONAL SERVICE OF CANADA et al.

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

REASONS FOR ASSESSMENT OF COSTS:                    CHARLES E. STINSON

DATED:                                                                                 March 30, 2007

WRITTEN REPRESENTATIONS BY:

SOLICITORS OF RECORD: