Date: 20060105
Docket: A-300-03
Citation: 2006 FCA 3
BETWEEN:
LORD'S EVANGELICAL CHURCH
OF DELIVERANCE AND PRAYER
OF TORONTO
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
Assessment Officer
[1] This appeal, addressing a decision revoking the Appellant's registration as a charitable organization, was dismissed with costs. I issued a timetable for written disposition of the Respondent's bill of costs.
[2] The Appellant 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 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, ie. 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. 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 Respondent's bill of costs is assessed and allowed as presented at $1,469.25.
(Sgd.) "Charles E. Stinson"
Assessment Officer
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-300-03
STYLE OF CAUSE: LORD'S EVANGELICAL CHURCH
OF DELIVERANCE AND PRAYER
OF TORONTO
- and -
HER MAJESTY THE QUEEN
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE
OF THE PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON
DATED: January 5, 2006
SOLICITORS OF RECORD:
Ackerman Law Office FOR APPELLANT
Toronto, ON
John H. Sims, Q.C. FOR RESPONDENT
Deputy Attorney General of Canada