Szebenyi v. Canada, 2008 FCA 233

Date: 20080709

Docket: A-271-06

Citation: 2008 FCA 233

BETWEEN:

ISTVAN SZEBENYI

Appellant

and

HER MAJESTY THE QUEEN

Respondent

ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

Assessment Officer

[1]               The Court dismissed with costs this appeal of a decision of the Federal Court which had dismissed the Appellant’s action for damages of $6 million for alleged negligence in the handling of his mother’s sponsorship application. I issued a timetable for written disposition of the assessment of the Respondent’s bill of costs.

[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 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 $1,802.79.

“Charles E. Stinson”

FEDERAL COURT OF APPEAL

SOLICITORS OF RECORD

DOCKET:                                          A-271-06

STYLE OF CAUSE:                          ISTVAN SZEBENYI v. HMQ

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

REASONS FOR ASSESSMENT OF COSTS:                    CHARLES E. STINSON

DATED:                                                                                 July 9, 2008

WRITTEN REPRESENTATIONS:

SOLICITORS OF RECORD: