Federal Court of Appeal Decisions

Decision Information

Hasiuk v. Canada

Court (s) Database Federal Court of Appeal Decisions
Date 2009-09-09
Neutral citation 2009 FCA 260
File numbers A-591-07

Decision Content

 

 

 

Date: 20090909

Docket: A-591-07

Citation: 2009 FCA 260

BETWEEN:

WILLIAM J. HASIUK

Appellant

 

 

and

 

 

HER MAJESTY THE QUEEN

 

Respondent

 

 

ASSESSMENT OF COSTS - REASONS

Bruce Preston

Assessment Officer

[1]               By way of Judgment dated October 1, 2008, the Court dismissed the Appellant’s appeal with costs.

 

[2]               On June 24, 2009 the Respondent filed its Bill of Costs together with a letter requesting an assessment of the Bill of Costs by way of written submission. The letter also contained written submissions concerning costs.

 

[3]               On July 7, 2009 a direction was issued setting a timetable for the filing of materials.       

 

[4]               The time limits set by the direction have now passed and at this time no further materials have been filed by either party.

 

[5]               In Reginald R. Dahl v. HMQ 2007 FC 192; [2007] F.C.J. No.256  at paragraph 2, the assessment officer stated:

Effectively, the absence of any relevant representations by the Plaintiff, which could assist me in identifying issues and making a decision, leaves the bill of costs unopposed. 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, i.e. those outside the authority of the judgment and the Tariff.

 

[6]               Following the reasons cited above, I have reviewed the decision of the Court, the court file and materials filed in support of the assessment. As all items claimed fall within the authority of the judgment and the Tariff, assessable services and disbursements will be allowed as claimed.

 

[7]               For the above reasons, the Bill of Costs, presented at $2,320.00, is allowed as presented. A certificate of assessment will be issued.

 

    “Bruce Preston”

Assessment Officer

 

 

Toronto, Ontario

September 9, 2009

 

FEDERAL COURT OF APPEAL

 

SOLICITORS OF RECORD

 

 

DOCKET:                                          A-591-07

 

STYLE OF CAUSE:                          WILLIAM J. HASIUK v.

HER MAJESTY THE QUEEN

 

 

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

 

PLACE OF ASSESSMENT:                                                 TORONTO, ONTARIO

 

REASONS FOR ASSESSMENT OF COSTS:                    BRUCE PRESTON

 

DATED:                                                                                 SEPTEMBER 9, 2009

 

 

WRITTEN REPRESENTATIONS:

 

N/A

FOR THE APPELLANT

 

Jessica Brice-Drader

 

FOR THE RESPONDENT

 

 

 

SOLICITORS OF RECORD:

 

Joy Casey Barrister & Solicitor

Toronto, ON

 

FOR THE APPELLANT

 

John H. Sims, Q.C.

Deputy Attorney General of Canada

FOR THE RESPONDENT

 

 

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