Date: 20080411
Docket: 06-T-18
Citation: 2008 FC 470
BETWEEN:
AHMAD
HAMAN
Applicant
and
MINISTER OF PUBLIC SAFETY AND
EMERGENCY PREPAREDNESS as represented by
the Canada Customs and Revenue Agency
Respondent
ASSESSMENT OF
COSTS - REASONS
Charles E. Stinson
Assessment Officer
[1]
The
Court allowed the Applicant’s motion for an extension of time to commence an
application for judicial review in respect of a decision pursuant to the Proceeds
of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c.
17, but with costs to the Respondent. I issued a timetable for written
disposition of the assessment of the Respondent’s bill of costs.
[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 amended bill of
costs and the supporting materials within those parameters. There were items
which might have attracted disagreement, but the total amount claimed is
generally arguable as reasonable within the limits of the award of costs and is
allowed as presented at $2,487.45.
“Charles
E. Stinson”
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: 06-T-18
STYLE OF CAUSE: AHMAD
HAMAM v. MPSEP
ASSESSMENT
OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES
E. STINSON
DATED: April 11, 2008
WRITTEN
REPRESENTATIONS:
|
n/a
|
FOR THE APPLICANT
|
|
Ms. Marie
Crowley
|
FOR THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
Hohots &
Associates
Toronto, ON
|
FOR THE APPLICANT
|
|
John H. Sims,
Q.C.
Deputy
Attorney General of Canada
|
FOR THE RESPONDENT
|
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