Date: 20000802
Docket: IMM-4435-98
BETWEEN:
NAGMEH SHAHLA
REZA SHAHLA
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ASSESSMENT OF COSTS - REASONS
CHARLES E. STINSON
Assessment Officer
[1] The Respondent presented a bill of costs further to the Order of the Court dated August 12, 1999, dismissing the application for judicial review with costs to the Respondent. The Applicants were given the opportunity to respond, but have not done so.
[2] The Federal Court Rules, 1998 do not contemplate a litigant, having proper notice of an assessment of costs, but failing to appear, benefiting by an assessment officer abdicating 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, ie. those outside the authority of the judgment and the Tariff. I examined each item claimed in the Respondent"s bill of costs and the supporting materials within those parameters.
[3] The bill of costs included claims of $500.00 and $200.00 respectively for preparation of and appearance on the stay application. The Orders of the Court dated September 2 and 4, 1998 were silent on costs. Assessment Officers do not exercise Rule 400(1) authority. That authority is exercised by the Court as part of its disposition of a particular proceeding and must be visible. Rule 409 is permissive and restricted to the factors listed in Rule 400(3). The Respondent"s argument and materials have not convinced me otherwise. Therefore, I remove the $700.00, but allow the bill of costs in all other respects.
[4] The Respondent"s bill of costs, presented at $2,127.22, is assessed and allowed at $1,427.22.
__________________________
Assessment Officer
Vancouver, British Columbia, Wednesday, the 2nd day of August, 2000.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-4435-98
| STYLE OF CAUSE: Nagmeh Shahla et al v. The Minister of Citizenship and Immigration |
ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
ASSESSMENT OF COSTS - REASONS BY: CHARLES E. STINSON
DATED: Wednesday, August 2, 2000
SOLICITORS OF RECORD:
Timothy James Healy FOR APPLICANTS
Morris Rosenberg
Deputy Attorney General FOR RESPONDENT