Date: 20080220
Docket: A-365-06
Citation: 2008 FCA 66
BETWEEN:
SIOUX VALLEY DAKOTA NATION
CHIEF AND COUNCIL
and SIOUX VALLEY DAKOTA NATION
Appellants
and
MATTHEW HENDERSON
and JOSEPH ANTOINE
Respondents
ASSESSMENT OF
COSTS – REASONS
Charles
E. Stinson
Assessment Officer
[1]
The
Court dismissed with costs this appeal of a decision of the Federal Court
granting an extension of time to the Respondents to file an application for
judicial review of a band election. I issued a timetable for written
disposition of the Respondents' bill of costs.
[2]
The
Appellants did not file any materials in response to the Respondents'
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 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. The
Respondents' bill of costs is assessed and allowed as presented at
$2,169.60.
"Charles
E. Stinson"
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-365-06
STYLE OF CAUSE: SIOUX VALLEY DAKOTA NATION CHIEF
AND COUNCIL et al. v. MATTHEW HENDERSON et al.
ASSESSMENT
OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES
E. STINSON
DATED: February 20, 2008
WRITTEN
REPRESENTATIONS:
|
n/a
|
FOR THE APPELLANTS
|
|
Mr. Jarett D.
Kehler
|
FOR THE RESPONDENTS
|
SOLICITORS
OF RECORD:
|
Paterson
Patterson Wyman & Abel
Brandon, MB
|
FOR THE APPELLANTS
|
|
Donald Legal
Services
Brandon, MB
|
FOR THE RESPONDENTS
|
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