Federal Court Decisions

Decision Information

Decision Content

Date: 20050614

Docket: T-966-04

Citation: 2005 FC 850

BETWEEN:

                                       THE MINISTER OF NATIONAL REVENUE

                                                                                                                                            Applicant

                                                                         - and -

                                                 SCOTT CHARLES ROBERTSON

                                                                                                                                        Respondent

                                            ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

Assessment Officer

[1]                The Court found the Respondent guilty of contempt of court, fined him $3,000.00 and awarded solicitor-client costs to the Applicant, to be taxed and not to exceed $1,500.00. I issued a timetable for written disposition of the Applicant's bill of costs.


[2]                The Respondent did not file any materials in response to the Applicant's materials. My view, often expressed in comparable circumstances, is that the Federal Courts Rules 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. I examined each item claimed in the bill of costs and the supporting materials within those parameters. The amount claimed in the bill of costs exceeds $1,500.00 and is generally arguable within the limits of the award of costs as reasonable in the circumstances of this litigation. However, as limited by the Court's award of costs, the Applicant's bill of costs is assessed and allowed at $1,500.00.

(Sgd.) "Charles E. Stinson"

     Assessment Officer

Vancouver, BC

June 14, 2005


                                                             FEDERAL COURT

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          T-966-04

STYLE OF CAUSE:                          THE MINISTER OF NATIONAL REVENUE

- and -

SCOTT CHARLES ROBERTSON

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

REASONS FOR ASSESSMENT OF COSTS:                     CHARLES E. STINSON

DATED:                                                                                  June 14, 2005

SOLICITORS OF RECORD:

John H. Sims, Q.C.                                                                   for Applicant

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.