Date: 20071019
Docket: A-396-05
Citation: 2007 FCA 331
BETWEEN:
GERALDINE
M. WILLISTON
Appellant
and
HER MAJESTY THE QUEEN IN RIGHT
OF CANADA,
AS REPRESENTED BY THE MINISTER OF INDIAN
AFFAIRS AND NORTHERN DEVELOPMENT
and
THE CHIPPEWAS OF RAMA INDIAN BAND
(aka THE CHIPPEWAS OF MNJIKANING FIRST
NATION)
Respondents
ASSESSMENT OF
COSTS - REASONS
Charles E. Stinson
Assessment Officer
[1]
The
Court dismissed with costs this appeal from a decision of the Federal Court
concerning renewal of a lease on reserve lands. I issued a timetable for
written disposition of the bill of costs of the Respondent, Her Majesty the
Queen in right of Canada, as represented by the Minister of Indian
Affairs and Northern Development (the Crown Respondent).
[2]
The
Appellant did not file any materials in response to the Crown 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. The
total amount claimed is generally arguable as reasonable within the limits of
the award of costs and is allowed as presented at $2,436.92.
"Charles
E. Stinson"
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-396-05
STYLE OF
CAUSE: GERALDINE M.
WILLISTON v. HMQ et al.
ASSESSMENT
OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR
ASSESSMENT OF COSTS: CHARLES E.
STINSON
DATED: October 19,
2007
WRITTEN
REPRESENTATIONS:
|
n/a
|
FOR THE APPELLANT
|
|
Ms. Shelley
Quinn
n/a
|
FOR THE RESPONDENT, Her
Majesty the Queen in right of Canada
as represented by the Minister of Indian
Affairs and Northern Development
FOR THE RESPONDENT,
The Chippewas of Rama Indian Band
|
SOLICITORS
OF RECORD:
|
Gowling
Lafleur Henderson LLP
Kitchener, ON
|
FOR THE APPELLANT
|
|
John H. Sims,
Q.C.
Deputy
Attorney General of Canada
McCarthy
Tétrault LLP
Toronto, ON
|
FOR THE RESPONDENT, Her
Majesty the Queen in right of Canada
as represented by the Minister of Indian
Affairs and Northern Development
FOR THE RESPONDENT,
The Chippewas of Rama Indian Band
|
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