Federal Court Decisions

Date: 20090206

Docket: T-2265-04

Citation: 2009 FC 142

BETWEEN:

ROBERT WILLIAMS

Applicant

and

ATTORNEY GENERAL FOR CANADA

Respondent

ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

Assessment Officer

[1]               The Court dismissed with costs this application for judicial review of the conviction by a Disciplinary Board of an inmate for possession of an unauthorized item. I issued a timetable for written disposition of the Respondent’s bill of costs.

[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. The total amount is generally arguable as reasonable within the limits of the award of costs and is allowed as presented at $1,354.21.

“Charles E. Stinson”

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-2265-04

STYLE OF CAUSE:                          ROBERT WILLIAMS v. AGC

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

REASONS FOR ASSESSMENT OF COSTS:                    CHARLES E. STINSON

DATED:                                                                                 February 6, 2009

WRITTEN REPRESENTATIONS:

SOLICITORS OF RECORD: