BETWEEN:
and
ASSESSMENT OF COSTS - REASONS
Assessment Officer
[1] The Court dismissed with costs this appeal of a decision of the Federal Court which had dismissed the Appellant’s action for damages of $6 million for alleged negligence in the handling of his mother’s sponsorship application. I issued a timetable for written disposition of the assessment of the Respondent’s 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 bill of costs and the supporting materials within those parameters. The total amount claimed is generally arguable as reasonable within the limits of the award of costs and is allowed as presented at $1,802.79.
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-271-06
STYLE OF CAUSE: ISTVAN SZEBENYI 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
|
(self-represented) |
Lorne McClenaghan
|
SOLICITORS OF RECORD:
n/a
|
(self-represented)
|
John H. Sims, Q.C. Deputy Attorney General of Canada Toronto, ON |