Date: 20021007
Docket: A-177-99
Neutral citation: 2002 FCA 369
BETWEEN:
ELIZABETH BERNADETTE POITRAS
Plaintiff / Respondent
- and -
WALTER PATRICK TWINN,
THE COUNCIL OF THE SAWRIDGE BAND,
THE SAWRIDGE BAND and HER MAJESTY
THE QUEEN as represented by
THE MINISTER OF INDIAN AFFAIRS
AND NORTHERN DEVELOPMENT
Defendants
BETWEEN:
WALTER PATRICK TWINN,
THE COUNCIL OF THE SAWRIDGE BAND,
THE SAWRIDGE BAND
Third Party Plaintiffs / Appellants
- and -
HER MAJESTY THE QUEEN
as represented by
THE MINISTER OF INDIAN AFFAIRS
AND NORTHERN DEVELOPMENT
Third Party Defendants / Respondents
ASSESSMENT OF COSTS - REASONS
Charles E. Stinson
Assessment Officer
[1] The Appellants discontinued this matter after a hearing date had been set. The Appellants did not respond to the timetable issued for written disposition of the Crown's bill of costs presented for assessment further to Rule 402. The Federal Court Rules, 1998, do not contemplate a litigant, having notice of an assessment of costs and not participating, 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 a judgment and tariff. I examined each item claimed in the bill of costs and supporting material within those parameters. The Crown asked for costs of the assessment. I think that the circumstances warrant the minimum 2 units. The bill of costs of the Crown, presented at $712.03, is assessed and allowed at $932.03.
(Sgd.) "Charles E. Stinson"
Assessment Officer
DATED at Vancouver, British Columbia, this 7th day of October, 2002
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-177-99
STYLE OF CAUSE: ELIZABETH BERNADETTE POITRAS
- and -
WALTER PATRICK TWINN et al.
- and -
HER MAJESTY THE QUEEN et al.
ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON
DATED: October 7, 2002
SOLICITORS OF RECORD:
Aird & Berlis for Appellants
Toronto, ON
Catherine Twinn for Appellants
Slave Lake, AB
Morris Rosenberg
Deputy Attorney General of Canada for Respondent
Her Majesty the Queen
Royal, McCrum, Duckett & Glancy for Respondent
Edmonton, AB Elizabeth Bernadette Poitras
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