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CANADA CUSTOMS AND REVENUE AGENCY
ASSESSMENT OF COSTS - REASONS
Assessment Officer
[1] This application for judicial review of a decision of the Canadian Human Rights Commission was allowed in part with costs to the Applicant. I issued a timetable for written disposition of the assessment of the Respondent's bill of costs for certain interlocutory proceedings resulting in costs payable to the Respondent in any event of the cause.
[2] The Applicant 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. There were items which might have attracted disagreement, but the total amount claimed in the bill of costs is generally arguable as reasonable within the limits of the award of costs. The Respondent's bill of costs, presented at $2,298.46, is assessed and allowed at $2,538.46 (including the minimum item 26 counsel fee for the assessment of costs).
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-1183-05
STYLE OF CAUSE: KATHERINE MCCONNELL v. CCRA
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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Kerry E.S. Boyd
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SOLICITORS OF RECORD:
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Millwoods Law Office Edmonton, AB
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John H. Sims, Q.C. Deputy Attorney General of Canada
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