Date: 20020429
Docket: A-801-99
Neutral citation: 2002 FCA 163
BETWEEN:
LINO MASTROMONACO
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
Charles E. Stinson
Assessment Officer
[1] The Respondent was awarded costs of this appeal. The Appellant did not respond to notice of the timetable issued for written disposition of the Respondent's bill of costs. The Federal Court Rules, 1998, do not contemplate a litigant, having proper notice of an assessment of costs and choosing not to participate, as was the case here, 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, i.e. 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. Although there are difficulties with the choice of certain fee items, the total amount claimed for fees could be arguable within the limit of the tariff.
[2] The Respondent's bill of costs, presented at $2,600.00, is assessed and allowed at $2,600.00.
(Sgd.) "Charles E. Stinson"
Assessment Officer
Vancouver, B.C.
April 29, 2002
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-801-99
STYLE OF CAUSE:
LINO MASTROMONACO
Appellant
and
HER MAJESTY THE QUEEN
Respondent
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
REASONS BY: CHARLES E. STINSON
DATED: April 29, 2002
SOLICITORS OF RECORD
Morris Rosenberg for Respondent
Deputy Attorney General of Canada