Date: 20071002
Docket: T-1183-05
Citation: 2007 FC 997
BETWEEN:
KATHERINE
MCCONNELL
Applicant
and
CANADA CUSTOMS AND
REVENUE AGENCY
Respondent
ASSESSMENT OF
COSTS - REASONS
Charles E. Stinson
Assessment Officer
[1]
This
application for judicial review of a decision of the Canadian Human Rights
Commission was allowed in part with costs to the Applicant. I issued a
timetable for written disposition of the assessment of the Respondent's bill of
costs for certain interlocutory proceedings resulting in costs payable to the
Respondent in any event of the cause.
[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. I examined each item claimed in the bill of costs
and the supporting materials within those parameters. There were items which
might have attracted disagreement, but the total amount claimed in the bill of
costs is generally arguable as reasonable within the limits of the award of
costs. The Respondent's bill of costs, presented at $2,298.46, is assessed and
allowed at $2,538.46 (including the minimum item 26 counsel fee for the
assessment of costs).
"Charles
E. Stinson"
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-1183-05
STYLE OF CAUSE: KATHERINE
MCCONNELL v. CCRA
ASSESSMENT
OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE
PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES
E. STINSON
DATED: October
2, 2007
WRITTEN
REPRESENTATIONS:
|
n/a
|
FOR THE APPLICANT
|
|
Kerry E.S.
Boyd
|
FOR THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
Millwoods Law
Office
Edmonton, AB
|
FOR THE APPLICANT
|
|
John H. Sims,
Q.C.
Deputy
Attorney General of Canada
|
FOR THE RESPONDENT
|
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