Date: 20021003
Docket: T-2655-97
Neutral citation: 2002 FCT 1039
BETWEEN:
ROGER K. MACDONALD
and WILLIAM CAMPBELL
Plaintiffs
- and -
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA
Defendant
Assessment Officer
[1] The Court dismissed this action with costs. I issued a timetable for written disposition of the Defendant's bill of costs. The Plaintiffs did not respond.
[2] The Federal Court Rules, 1998, do not contemplate a litigant, having notice of an assessment of costs and failing to participate, 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 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 arguable within the limits of the award of costs. The bill of costs of the Defendant is assessed and allowed as presented at $12,822.72.
(Sgd.) "Charles E. Stinson"
Assessment Officer
Vancouver, B.C.
October 3, 2002
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-2655-97
STYLE OF CAUSE: ROGER K. MACDONALD and
WILLIAM CAMPBELL
Plaintiffs
- and -
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA
Defendant
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
REASONS BY: CHARLES E. STINSON
DATED: October 3, 2002
SOLICITORS OF RECORD:
Goldenberg Zimmerman
Calgary, Alberta for Plaintiffs
Morris Rosenberg for Defendant
Deputy Attorney General of Canada