BETWEEN:
and
ASSESSMENT OF COSTS - REASONS
Assessment Officer
[1] The Court dismissed with costs this appeal of a decision of the Tax Court of Canada concerning net worth reassessment. I issued a timetable for written disposition of the assessment of the Respondent's amended bill of costs.
[2] The Appellant did not file any materials in response to the Respondent's materials. My view, often expressed in comparable circumstances, is that the Federal Courts Rules do not contemplate a litigant benefiting by having an assessment officer step away from a neutral position 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 amended bill of costs and the supporting materials within those parameters.
[3] Certain items warrant my intervention as I feel that the Respondent cannot establish entitlement thereto notwithstanding the absence of objections from the Appellant. The amended bill of costs claimed a counsel fee item 21(a) for two motions addressing the contents of the appeal book. As the resultant orders were silent on costs, I am satisfied further to my conclusions in Balisky v. Canada (Minister of Natural Resources), [2004] F.C.J. No. 536 at para. 6 (A.O.) and Aird v. Country Park Village Properties (Mainland) Ltd., [2005] F.C.J. No. 1426 at para. 10 (A.O.), that I have no jurisdiction to allow item 21(a). As well, I have reduced the claimed disbursement total by $205.00 to account for these motions. The Respondent's amended bill of costs, presented at $3,524.49, is assessed and allowed at $2,599.49.
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-138-03
STYLE OF CAUSE: FAIDY FOUAD NAGUIB v. HMQ
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON
WRITTEN REPRESENTATIONS:
n/a
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Ms. Kandia Aird
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SOLICITORS OF RECORD:
Marciano Beckenstein LLP Concord, ON
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John H. Sims, Q.C. Deputy Attorney General of Canada
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