Federal Court of Appeal Decisions

Date: 20020228

Docket: A-537-00

Neutral citation: 2002 FCA 88

BETWEEN:

                                                                    BLAKE WRIGHT

                                                                                                                                                       Appellant

                                                                              - and -

                                            THE ATTORNEY GENERAL OF CANADA

                                                                                                                                                   Respondent

                                               ASSESSMENT OF COSTS - REASONS

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 $2,314.55 is assessed and allowed at $2,314.55.

(Sgd.) "Charles E. Stinson"

     Assessment Officer

Vancouver, B.C.

February 28, 2002