Hasiuk v. Canada, 2009 FCA 260

Date: 20090909

Docket: A-591-07

Citation: 2009 FCA 260

BETWEEN:

WILLIAM J. HASIUK

Appellant

and

HER MAJESTY THE QUEEN

Respondent

ASSESSMENT OF COSTS - REASONS

Bruce Preston

Assessment Officer

[1]               By way of Judgment dated October 1, 2008, the Court dismissed the Appellant’s appeal with costs.

[2]               On June 24, 2009 the Respondent filed its Bill of Costs together with a letter requesting an assessment of the Bill of Costs by way of written submission. The letter also contained written submissions concerning costs.

[3]               On July 7, 2009 a direction was issued setting a timetable for the filing of materials.       

[4]               The time limits set by the direction have now passed and at this time no further materials have been filed by either party.

[5]               In Reginald R. Dahl v. HMQ 2007 FC 192; [2007] F.C.J. No.256  at paragraph 2, the assessment officer stated:

Effectively, the absence of any relevant representations by the Plaintiff, which could assist me in identifying issues and making a decision, leaves the bill of costs unopposed. My view, often expressed in comparable circumstances, is that the Federal Courts Rules do not contemplate a litigant benefiting by an assessment officer stepping away from a position of neutrality 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.

[6]               Following the reasons cited above, I have reviewed the decision of the Court, the court file and materials filed in support of the assessment. As all items claimed fall within the authority of the judgment and the Tariff, assessable services and disbursements will be allowed as claimed.

[7]               For the above reasons, the Bill of Costs, presented at $2,320.00, is allowed as presented. A certificate of assessment will be issued.

    “Bruce Preston”

Toronto, Ontario

September 9, 2009

FEDERAL COURT OF APPEAL

SOLICITORS OF RECORD

DOCKET:                                          A-591-07

STYLE OF CAUSE:                          WILLIAM J. HASIUK v.

HER MAJESTY THE QUEEN

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

PLACE OF ASSESSMENT:                                                 TORONTO, ONTARIO

REASONS FOR ASSESSMENT OF COSTS:                    BRUCE PRESTON

DATED:                                                                                 SEPTEMBER 9, 2009

WRITTEN REPRESENTATIONS:

SOLICITORS OF RECORD: