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ASSESSMENT OF COSTS - REASONS
Assessment Officer
[1] A copy of these reasons is filed in Federal Court of Appeal file A-180-06 and applies there accordingly. The Appellant’s failure to perfect the appeal book as prescribed by interlocutory order resulted in dismissals with costs of these appeals from decisions of the Tax Court of Canada. I issued a timetable for written disposition of the assessment of the respective bills of costs of the Respondent.
[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 each bill of costs and the supporting materials within those parameters. The total amounts claimed are arguable as reasonable within the limits of the respective awards of costs and are allowed as presented at $789.99 (A-179-06) and $762.17 (A-180-06).
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-179-06
STYLE OF CAUSE: BALINT VASARHELYI v. HMQ
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON
WRITTEN REPRESENTATIONS:
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n/a
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(self-represented)
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Ms. Lynn Burch
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SOLICITORS OF RECORD:
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n/a
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John H. Sims, Q.C. Deputy Attorney General of Canada |