Beattie v. Canada, 2007 FC 525

Date: 20070516

Docket: T-2204-00

Citation: 2007 FC 525

BETWEEN:

BRUCE ALLAN BEATTIE

Plaintiff

and

HER MAJESTY THE QUEEN

Defendant

ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

Assessment Officer

[1]               These reasons are filed in this file and a copy is filed today in each of Federal Court files T-2134-00 and T-2203-00. They apply in each matter accordingly. The Plaintiff brought three actions, as assignee of various treaty annuity rights of ten assignors, for recovery of yearly annuity arrears. Pursuant to Rule 107, the Court severed two issues. The Prothonotary, Roger R. Lafrenière (the Prothonotary), heard the trial of said issues and dismissed the action with one set of costs for the three actions. The Court dismissed the Plaintiff's appeal from said decision with costs. I issued a timetable for written disposition of the assessment of two bills of costs of the Defendant: one for the trial and one for the appeal.

[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. I examined each item claimed in each bill of costs and the supporting materials within those parameters. There were items which might have attracted disagreement, but the total amount claimed in each bill of costs is generally arguable as reasonable within the limits of the awards of costs. The Defendant's bill of costs for the trial, presented at $32,904.42, is assessed and allowed at the reduced amount of $32,528.22 (counsel for the Defendant having noted an inadvertent error in the claimed counsel fees). The Defendant's bill of costs for the appeal is assessed and allowed as presented at $12,697.29.

"Charles E. Stinson"

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-2204-00

STYLE OF CAUSE:                          BRUCE ALLAN BEATTIE v. HMQ

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

REASONS FOR ASSESSMENT OF COSTS:                    CHARLES E. STINSON

DATED:                                                                                 May 16, 2007

APPEARANCES:

SOLICITORS OF RECORD: