Date: 20080410
Docket: A-179-06
Citation: 2008 FCA 134
BETWEEN:
BALINT
VASARHELYI
Appellant
and
HER
MAJESTY THE QUEEN
Respondent
ASSESSMENT OF
COSTS - REASONS
Charles E. Stinson
Assessment Officer
[1]
A
copy of these reasons is filed in Federal Court of Appeal file A-180-06 and
applies there accordingly. The Appellant’s failure to perfect the appeal book
as prescribed by interlocutory order resulted in dismissals with costs of these
appeals from decisions of the Tax Court of Canada. I issued a timetable
for written disposition of the assessment of the respective bills of costs of
the Respondent.
[2]
The
Appellant 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 each bill of
costs and the supporting materials within those parameters. The total
amounts claimed are arguable as reasonable within the limits of the respective
awards of costs and are allowed as presented at $789.99 (A-179-06) and
$762.17 (A-180-06).
“Charles
E. Stinson”
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-179-06
STYLE OF CAUSE: BALINT
VASARHELYI v. HMQ
ASSESSMENT
OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES
E. STINSON
DATED: April 10, 2008
WRITTEN
REPRESENTATIONS:
|
n/a
|
FOR THE APPELLANT
(self-represented)
|
|
Ms. Lynn Burch
|
FOR THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
n/a
|
FOR THE APPELLANT
|
|
John H. Sims,
Q.C.
Deputy
Attorney General of Canada
|
FOR THE RESPONDENT
|
Email this Content