Federal Court Decisions

Decision Information

Decision Content

Date: 20020412

Docket: T-1773-99

Neutral citation: 2002 FCT 427

BETWEEN:

                                               JORDAN HENDERSON ASSOCIATES

                                                                                                                                                          Plaintiff

                                                                              - and -

                                                        HER MAJESTY THE QUEEN

                                            IN RIGHT OF CANADA as represented by

                                            THE ATTORNEY GENERAL OF CANADA

                                                                                                                                                      Defendant

                                               ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

Assessment Officer

[1]                 The Plaintiff, by its solicitor of record, discontinued this action. The Defendant filed a bill of costs pursuant to Rule 402. I issued a timetable for written submissions. Cynthia Jordan, a principal of the Plaintiff, requested a delay because the solicitor of record no longer represented the Plaintiff. She subsequently filed a Notice of Intention to Act in Person. I issued these directions:


The Assessment Officer ... has noted the correspondence and filings concerning both the intention of Cynthia Jordan to represent the Plaintiff and the request for delay of the assessment of costs. He has directed that Rule 120 be brought to the attention of Ms. Jordan and that she be advised that an assessment officer does not exercise the authority of the Court within the meaning of that Rule. He has noted the Defendant's reliance on the forthwith provision in Rule 402 and the opposition to a delay of the assessment of the costs. Therefore, the Assessment Officer has directed that Ms. Jordan will have until February 22, 2002 to serve and file any reply materials for the assessment of costs. That time frame includes time for Ms. Jordan to obtain, if she wishes, a ruling from the Court under Rule 120 and to retain and instruct new counsel, if necessary. The Defendant may serve and file any rebuttal submissions by March 18, 2002.

[2]                 On February 22, 2002, Ms. Jordan forwarded a letter requesting an unspecified delay for the assessment of costs because of a family medical crisis. The Defendant maintained its position that the assessment should proceed. In early March, the Registry advised both sides that I would be out of the country for approximately one month, but that I would proceed with the assessment upon my return. The record does not disclose any meaningful attempts by the Plaintiff to comply with the Rules concerning representation of a company, nor to arrange a mutually acceptable time frame for resolution with the Defendant, over the past several months. The assessment will proceed on the material to date.


[3]                 The Federal Court Rules, 1998, do not contemplate a litigant benefiting by an assessment officer abdicating a position of neutrality to act as a 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 or the tariff. I examined each item claimed in the Defendant's Bill of Costs and the supporting materials within those parameters. The total amount claimed for fees and disbursements is arguable within the limit of the tariff. As well, I am satisfied that the doubling of fees under Rule 420(2) should apply further to the Defendant's offer to settle. The Defendant's submissions asserted that doubling should extend to the date of assessment or, in the alternative, to the date of discontinuance. The point is arguable and I allow the doubling of fees to the date of assessment as claimed in the circumstances of this file.

[4]                 The Defendant's Bill of Costs, presented at $6,221.19 is assessed and allowed at $6,221.19

(Sgd.) "Charles E. Stinson

    Assessment Officer

Vancouver, B.C.

April 12, 2002


                          FEDERAL COURT OF CANADA

                                       TRIAL DIVISION

    NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                   T-1773-99

STYLE OF CAUSE:

JORDAN HENDERSON ASSOCIATES

                                                                                                        Plaintiff

                                                    - and -

HER MAJESTY THE QUEEN

IN RIGHT OF CANADA as represented by

THE ATTORNEY GENERAL OF CANADA

                                                                                                    Defendant

                                                         

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES

REASONS BY:         CHARLES E. STINSON

DATED:                      April 12, 2002

SOLICITORS OF RECORD:

Morris Rosenberg                                                 For Defendant

Deputy Attorney General of Canada

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.