Salt River First Nation 195 v. Marie, 2007 FC 1043

Date: 20071009

Docket: T-2007-02

Citation: 2007 FC 1043

BETWEEN:

MELVIN WANDERINGSPIRIT,

DELPHINE BEAULIEU,

TONI HERON, RAYMOND BEAVER AND

SONNY MCDONALD in their capacity as

COUNCILLORS OF THE SALT RIVER FIRST NATION 195,

elected August 30, 2002

Applicants

and

VICTOR MARIE uncontested Chief and

NORMAN STARR uncontested duly elected BAND COUNCIL MEMBER,

NORA BEAVER, DAVID GOWANS, CONNIE BENWELL,

MICHEL BJORNSON, HARVEY LEPINE, AND DON TOURANGEAU,

purportedly elected BAND COUNCILLORS at a meeting held

November 3, 2002, AND JEANNIE MARIE-JEWELL,

acting as Interim Band Manager

Respondents

ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

Assessment Officer

[1]               Further to the Applicants' notice of motion for a finding of contempt against eight of the nine Respondents, the Court found two of the Respondents in contempt, but dismissed the motion for contempt relative to the other six subject Respondents, including Harvey Lepine (the Respondent Lepine), with mid-Column IV costs to the Respondent Lepine (the June 29, 2006 findings). I issued a timetable for written disposition of the assessment of the bill of costs of the Respondent Lepine.

[2]               The Applicants did not file any materials in response to the materials of the Respondent Lepine. 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. The total amount claimed is generally arguable as reasonable within the limits of the award of costs and is assessed and allowed as presented at $6,902.50.

"Charles E. Stinson"

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-2007-02

STYLE OF CAUSE:                          MELVIN WANDERINGSPIRIT et al. v.

                                                            VICTOR MARIE et al.

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

REASONS FOR ASSESSMENT OF COSTS:                    CHARLES E. STINSON.

DATED:                                                                                 October 9, 2007

WRITTEN REPRESENTATIONS BY:

SOLICITORS OF RECORD: