Federal Court Decisions

Decision Information

Ayangma v. Canada (Treasury Board)

Court (s) Database Federal Court Decisions
Date 2008-01-23
Neutral citation 2008 FC 86
File numbers T-917-06

Decision Content

 

Date: 20080123

Docket: T-917-06

Citation: 2008 FC 86

BETWEEN:

DR. NOEL AYANGMA

Applicant

and

 

THE TREASURY BOARD OF CANADA

Respondent

 

 

 

ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

Assessment Officer

[1]               This application for judicial review of a decision of an adjudicator pursuant to the Public Service Staff Relations Act addressing fraudulent travel claims and unauthorized absences from work was dismissed with maximum Column V costs. I issued a timetable for written disposition of the assessment of the three bills of costs presented by the Respondent addressing costs of the judicial review and certain motions.

 

[2]               The Applicant did not file any materials in response to the Respondent's materials. My view, often expressed in comparable circumstances, is that the Federal Courts Rules do not contemplate a litigant benefiting by having an assessment officer step away from a neutral position 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 bills of costs within those parameters. There were items which might have attracted disagreement, but the total amount claimed in each bill of costs is generally arguable as reasonable within the limits of the awards of costs.

 

[3]               One of the bills of costs was presented for an order dated February 8, 2007, silent on costs and striking a party. I think that this was an inadvertent slip as there was a second order on February 8, 2007, permitting the Applicant to introduce new evidence but awarding costs to the Respondent in any event of the cause. The Respondent's bills of costs are assessed and allowed as presented at $7,960.00 (judicial review), $645.00 (motion to strike) and $885.00 (motion for new evidence).

 

 

"Charles E. Stinson"

Assessment Officer

 

 

FEDERAL COURT

 

SOLICITORS OF RECORD

 

 

 

DOCKET:                                          T-917-06

 

STYLE OF CAUSE:                          DR. NOEL AYANGMA v. THE TREASURY BOARD OF CANADA

 

 

 

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

 

 

 

REASONS FOR ASSESSMENT OF COSTS:                    CHARLES E. STINSON

 

DATED:                                                                                 January 23, 2008

 

 

 

WRITTEN REPRESENTATIONS:

 

n/a

 

FOR THE APPLICANT

Mr. Richard E. Fader

 

FOR THE RESPONDENT

 

SOLICITORS OF RECORD:

 

n/a

 

FOR THE APPLICANT

John H. Sims, Q.C.

Deputy Attorney General of Canada

 

FOR THE RESPONDENT

 

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