Date: 20060823
Docket: A-610-04
Citation: 2006 FCA 285
BETWEEN:
JOHN BAUER
Appellant
and
SEASPAN INTERNATIONAL LTD.
Respondent
ASSESSMENT OF COSTS – REASONS
Charles
E. Stinson
Assessment
Officer
[1]
This
appeal, from a decision of the Federal Court dismissing an application for
judicial review of a decision of an Adjudicator under s. 240 of the Canada
Labour Code concerning unjust dismissal and associated damages, was
dismissed with costs. I issued a timetable for written disposition of the assessment
of costs 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 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 his litigation. The Respondent’s bill of
costs is assessed and allowed as presented at $3,726.93.
“Charles
E. Stinson”
FEDERAL COURT OF APPEAL
NAME OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-610-04
STYLE OF CAUSE: JOHN
BAUER
-
and –
SEASPAN
INTERNATIONAL LTD.
ASSESSMENT
OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON
DATED: August 23, 2006
WRITTEN
REPRESENTATIONS BY:
|
n/a
|
FOR THE APPELLANT
|
|
Michael W.
Hunter, Q.C.
|
FOR THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
n/a
|
FOR THE APPELLANT
|
|
Fasken
Martineau
Vancouver, BC
|
FOR THE RESPONDENT
|
Email this Content