Date: 20081022
Docket: A-432-05
A-433-05
Citation: 2008 FCA 320
A-432-05
BETWEEN:
HIKMAT ALSAYEGH
Appellant
and
HER MAJESTY THE QUEEN
Respondent
A-433-05
BETWEEN:
FIRIAL ALSAYEGH
Appellant
and
HER MAJESTY THE QUEEN
Respondent
ASSESSMENT OF
COSTS - REASONS
Charles E. Stinson
Assessment Officer
[1]
On
November 30, 2005, the Court ordered that the above-noted files be consolidated
with the above compound style of cause (husband and wife) and with A-432-05 as
the lead file in which documents were to be filed. The appeals, addressing a
decision of the Tax Court of Canada concerning tax owing on certain property,
were to be heard together. The Court dismissed them with one set of costs plus
disbursements in each file. I issued a timetable for written disposition of the
assessment of the Respondent’s bill of costs.
[2]
The
Appellants 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. The total amount claimed
is generally arguable as reasonable within the limits of the award of costs and
is allowed as presented at $2,735.12.
“Charles
E. Stinson”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL SOLICITORS OF
RECORD
DOCKET: A-432-05
STYLE OF CAUSE: HIKMAT
ALSAYEGH v. HMQ
DOCKET: A-433-05
STYLE OF CAUSE: FIRIAL
ALSAYEGH v. HMQ
ASSESSMENT OF COSTS IN WRITING WITHOUT
PERSONAL APPERANCE OF THE PARTIES
REASONS FOR ASSESSMENT
OF COSTS: CHARLES
E. STINSON
DATED: October 22, 2008
WRITTEN REPRESENTATIONS:
|
n/a
|
FOR THE APPELLANTS
(self-represented)
|
|
Bruce Senkpiel
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
n/a
|
FOR THE APPELLANTS
(self-represented)
|
|
John H. Sims, Q.C.
Deputy Attorney General of Canada
Vancouver, BC
|
FOR THE RESPONDENT
|
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