Docherty v. Canada, 2006 FCA 319

Date: 20061004

Docket: A-16-04

Citation: 2006 FCA 319

BETWEEN:

WILLIAM DOCHERTY

Appellant

and

HER MAJESTY THE QUEEN

Respondent

ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

Assessment Officer

[1]               A copy of these Reasons is filed today in Federal Court of Appeal file A-17-04 (Ronald Hakem v. Her Majesty the Queen) and applies there accordingly.

[2]               These appeals, addressing a decision of the Tax Court of Canada concerning the tax liability of business partners, were dismissed with one set of costs in the lead file A-16-04. I issued a timetable for written disposition of the assessment of the Respondent’s bill of costs.

[3]               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 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. I examined each item claimed in the bill of costs and the supporting materials within those parameters. There were items which might have attracted disagreement, but the amount claimed in total in the bill of costs is generally arguable within the limits of the award of costs as reasonable in the circumstances of this litigation. The Respondent’s bill of costs is assessed and allowed as presented at $2,982.00.

“Charles E. Stinson”

FEDERAL COURT OF APPEAL

NAME OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          A-16-04

STYLE OF CAUSE:                          WILLIAM DOCHERTY v.

                                                            HER MAJESTY THE QUEEN

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

REASONS FOR ASSESSMENT OF COSTS:                    CHARLES E. STINSON

DATED:                                                                                 October 4, 2006

WRITTEN REPRESENTATIONS BY:

SOLICITORS OF RECORD: