Federal Court Decisions

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Date: 20040805

Docket: T-1227-00

Citation: 2004 FC 1077

BETWEEN:

                                                       ADRIAN JOHN WATSON

                                                                                                                                               Plaintiff

                                                                         - and -

                                  HER MAJESTY THE QUEEN, AS REPRESENTED

                                  BY THE ROYAL CANADIAN MOUNTED POLICE

                                                                                                                                           Defendant

                                            ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

Assessment Officer

[1]                This action for damages further to a police pursuit was dismissed with costs. I issued a timetable for written disposition of the Defendant's bill of costs.


[2]                The Plaintiff did not file any materials in response to the Defendant's materials. My view, often expressed in comparable circumstances, is that the Federal Court Rules, 1998 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, ie. 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 for services of counsel 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 Defendant's bill of costs is assessed and allowed as presented at $6,414.53.

(Sgd.) "Charles E. Stinson"

            Assessment Officer

Vancouver, B.C.

August 5, 2004


                                                             FEDERAL COURT

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          T-1227-00

STYLE OF CAUSE:                          ADRIAN JOHN WATSON.

- and -

HER MAJESTY THE QUEEN, AS REPRESENTED BY THE ROYAL CANADIAN MOUNTED POLICE

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL

APPEARANCE OF THE PARTIES

REASONS FOR ASSESSMENT OF COSTS:                     CHARLES E. STINSON

DATED:                                                                                   August 05, 2004

SOLICITORS OF RECORD:

Boulton's Law Office                                                                 for Plaintiff

Sundre, AB

Morris Rosenberg

Deputy Attorney General of Canada     for Defendant


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