Federal Court of Appeal Decisions

Decision Information

Decision Content

Date: 20010723

Docket: A-323-97

Neutral citation: 2001 FCA 242

BETWEEN:

EURO-LINE APPLIANCES

Appellant

- and -

HER MAJESTY THE QUEEN

Respondent

                                      ASSESSMENT OF COSTS - REASONS

R. BEZUHLY

ASSESSMENT OFFICER

[1]                This is an assessment of the Bills of Costs submitted on behalf of the Respondent Her Majesty the Queen, pursuant to Judgment dated May 17, 2000, dismissing the appeal with costs.

[2]                On the argument of the appellant's inability to pay the costs, I refer to a decision by Gibson's J. in Nike Canada Ltd. v. Jane Doe, [1999] F.C.J. No. 1018 (QL) (T.D.): "_In an award of costs, neither the ability to pay nor the difficulty of collection should be a deciding factor".


[3]                On the argument that when this appeal was commenced, the previous version of the Federal Court Rules applied; Rule 1312 which specifically provided that no costs be payable by any party. Assessment officers cannot certify unlawful items i.e. those outside the authority of the judgment and the Tariff.

[4]                Upon reviewing the Appellant's Bill of Costs, I have reduced Item 19 to 5 units, accepting the remaining items as stated.

[5]                Accordingly, I allow the Respondent's Bill of Costs, presented at $1,254.79, at $1,054.79.

                                                                                                                          "Rita Bezuhly"                      

                                                                                                                                               

                                                                                                                                R. Bezuhly                      

                                                                                                                   Assessment Officer               

Toronto, Ontario

July 23, 2001


                                                 FEDERAL COURT OF CANADA

                                                             APPEAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                       A-323-97

STYLE OF CAUSE:                         EURO-LINE APPLIANCES

                                                                                                                                              Appellant

- and -

HER MAJESTY THE QUEEN

Respondent

ASSESSMENT OF COSTS -

REASONS BY:                                               RITA BEZUHLY

DATED:                                                          TUESDAY, JULY 23, 2001

ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES                                   

SOLICITORS OF RECORD:                       ANDRE & MORALES

Barristers & Solicitors

45 O'Connor Street

Suite 1520

Ottawa, Ontario

K1P 1A4

For the Appellant

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent


FEDERAL COURT OF CANADA

Date: 20010723

                                                      Docket: A-323-97

BETWEEN:

EURO-LINE APPLIANCES

                                                                                Appellant

- and -

HER MAJESTY THE QUEEN

Respondent

                                                                                

ASSESSMENT OF COSTS - REASONS

                                                                                

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