Naguib v. Canada, 2007 FCA 403

Date: 20071213

Docket: A-138-03

Citation: 2007 FCA 403

BETWEEN:

FAIDY FOUAD NAGUIB

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 Tax Court of Canada concerning net worth reassessment. I issued a timetable for written disposition of the assessment of the Respondent's amended 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 amended bill of costs and the supporting materials within those parameters.

[3]               Certain items warrant my intervention as I feel that the Respondent cannot establish entitlement thereto notwithstanding the absence of objections from the Appellant. The amended bill of costs claimed a counsel fee item 21(a) for two motions addressing the contents of the appeal book. As the resultant orders were silent on costs, I am satisfied further to my conclusions in Balisky v. Canada (Minister of Natural Resources), [2004] F.C.J. No. 536 at para. 6 (A.O.) and Aird v. Country Park Village Properties (Mainland) Ltd., [2005] F.C.J. No. 1426 at para. 10 (A.O.), that I have no jurisdiction to allow item 21(a). As well, I have reduced the claimed disbursement total by $205.00 to account for these motions. The Respondent's amended bill of costs, presented at $3,524.49, is assessed and allowed at $2,599.49.

"Charles E. Stinson"

FEDERAL COURT OF APPEAL

SOLICITORS OF RECORD

DOCKET:                                          A-138-03

STYLE OF CAUSE:                          FAIDY FOUAD NAGUIB v. HMQ

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

REASONS FOR ASSESSMENT OF COSTS:                    CHARLES E. STINSON

DATED:                                                                                 December 13, 2007

WRITTEN REPRESENTATIONS:

SOLICITORS OF RECORD: