Federal Court Decisions

Date: 20070131

Docket: T-95-03

Citation: 2007 FC 106

IN THE MATTER OF AN INFRINGEMENT BY

EDMONTON BLOCK PARENT ASSOCIATION

- and –

IN THE MATTER OF SECTION 53.2 OF THE

TRADE-MARKS ACT (R.S.C. 1985, c. T-13)

BETWEEN:

BLOCK PARENT PROGRAM OF CANADA INC.

Plaintiff

and

THE EDMONTON BLOCK PARENT ASSOCIATION

Defendant

ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

Assessment Officer

[1]               This action for declaratory relief relative to a license agreement, trade-mark and copyright infringement was allowed in part with costs to be assessed. I issued a timetable for written disposition of the assessment of the Plaintiff's bill of costs.

[2]               The record is not clear as to who speaks for the Defendant (removal of its solicitor of record having been confirmed by amended order dated July 23, 2004). The Plaintiff did serve the Defendant with the costs materials. There have been informal queries and notices to the Registry concerning costs on the part of the Defendant. I am satisfied that the Defendant has had an opportunity to respond to the costs materials (the bill of costs at page 3 containing a clear request that $8,474.40 be assessed as against the Defendant).

[3]               The Defendant did not file any materials in response to the Plaintiff's materials. My view, often expressed in comparable circumstances, is that the Federal Courts Rules do not contemplate a litigant benefiting by an assessment officer stepping away from 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 bill of costs and the supporting materials within those parameters. There were items which might have attracted disagreement, but the amount claimed in total in the bill of costs is generally arguable within the limits of the award of costs as reasonable in the circumstances of this litigation. The Plaintiff's bill of costs is assessed and allowed as presented at $8,474.40.

"Charles E. Stinson"

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-95-03

STYLE OF CAUSE:                          BLOCK PARENT PROGRAM OF CANADA INC. v. THE EDMONTON BLOCK PARENT ASSOCIATION

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

REASONS FOR ASSESSMENT OF COSTS:                    CHARLES E. STINSON

DATED:                                                                                 January 31, 2007

WRITTEN REPRESENTATIONS BY:

SOLICITORS OF RECORD: