Date: 20020429
Docket: A-70-97, A-303-97
Neutral citation: 2002 FCA 161
BETWEEN:
HER MAJESTY THE QUEEN
Appellant
- and -
TIGNEY TECHNOLOGY INCORPORATED
Respondent
Assessment Officer
[1] These appeals were consolidated for hearing at the same sitting. The Appellant was successful, was awarded costs and presents a bill of costs for assessment. Subsequent to judgment, the Respondent's solicitor of record was removed by Order of the Court. The Respondent did not respond to notice of the timetable issued for written disposition of the Appellant's bill of costs. There is no indication of the Respondent having communicated with the Appellant to resolve issues of costs nor to put into place legal representation consistent with Rule 120.
[2] 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 Appellant'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. I kept this latter point in mind in considering the Appellant's request to add an appropriate number of units for the assessment of costs. In the circumstances, I concluded that the minimum value in the range was appropriate.
[3] The Appellant's bill of costs, presented at $2,972.80, is assessed and allowed at $3,172.80.
(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-70-97, A-303-97
STYLE OF CAUSE:
HER MAJESTY THE QUEEN
Appellant
and
TIGNEY TECHNOLOGY INCORPORATED
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 Appellant
Deputy Attorney General of Canada