Date: 20020524
Docket: A-421-99
Neutral citation: 2002 FCA 217
BETWEEN:
COUGAR AVIATION LIMITED
Applicant
- and -
MINISTER OF PUBLIC WORKS
AND GOVERNMENT SERVICES CANADA
and PROVINCIAL AIRLINES LIMITED
Respondents
Charles E. Stinson
Assessment Officer
[1] The Respondent, Provincial Airlines Limited, was awarded costs of this judicial review. The Applicant 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 failing 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 revised Bill of Costs, presented at $3,982.37, is assessed and allowed at $3,982.37.
(Sgd.) "Charles E. Stinson"
Assessment Officer
Vancouver, B.C.
May 24, 2002
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-421-99
STYLE OF CAUSE: COUGAR AVIATION LIMITED
Applicant
- and -
MINISTER OF PUBLIC WORKS
AND GOVERNMENT SERVICES CANADA
and PROVINCIAL AIRLINES LIMITED
Respondents
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
REASONS BY: CHARLES E. STINSON
DATED: May 24, 2002
SOLICITORS OF RECORD:
Ogilvy, Renault for Applicant
Ottawa, Ontario
Morris Rosenberg for Respondent Minister of Public
Deputy Attorney General of Canada Works and Government Services Canada
Gowling, Lafleur, Henderson LLP for Respondent Provincial Airlines
Ottawa, Ontario Limited