Date: 20080123
Docket: T-917-06
Citation: 2008 FC 86
BETWEEN:
DR.
NOEL AYANGMA
Applicant
and
THE
TREASURY BOARD OF CANADA
Respondent
ASSESSMENT OF
COSTS - REASONS
Charles E. Stinson
Assessment Officer
[1]
This
application for judicial review of a decision of an adjudicator pursuant to the
Public Service Staff Relations Act addressing fraudulent travel claims
and unauthorized absences from work was dismissed with maximum Column V costs.
I issued a timetable for written disposition of the assessment of the three
bills of costs presented by the Respondent addressing costs of the judicial
review and certain motions.
[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 bills of
costs 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.
[3]
One
of the bills of costs was presented for an order dated February 8, 2007, silent
on costs and striking a party. I think that this was an inadvertent slip
as there was a second order on February 8, 2007, permitting the Applicant
to introduce new evidence but awarding costs to the Respondent in any event of
the cause. The Respondent's bills of costs are assessed and allowed as presented
at $7,960.00 (judicial review), $645.00 (motion to strike) and $885.00 (motion
for new evidence).
"Charles
E. Stinson"
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-917-06
STYLE OF CAUSE: DR.
NOEL AYANGMA v. THE TREASURY BOARD OF CANADA
ASSESSMENT
OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES
E. STINSON
DATED: January
23, 2008
WRITTEN
REPRESENTATIONS:
|
n/a
|
FOR THE APPLICANT
|
|
Mr. Richard E.
Fader
|
FOR THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
n/a
|
FOR THE APPLICANT
|
|
John H. Sims,
Q.C.
Deputy
Attorney General of Canada
|
FOR THE RESPONDENT
|
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