BETWEEN:
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA,
AS REPRESENTED BY THE MINISTER OF INDIAN
AFFAIRS AND NORTHERN DEVELOPMENT
and
THE CHIPPEWAS OF RAMA INDIAN BAND
(aka THE CHIPPEWAS OF MNJIKANING FIRST NATION)
ASSESSMENT OF COSTS - REASONS
Assessment Officer
[1] The Court dismissed with costs this appeal from a decision of the Federal Court concerning renewal of a lease on reserve lands. I issued a timetable for written disposition of the bill of costs of the Respondent, Her Majesty the Queen in right of Canada, as represented by the Minister of Indian Affairs and Northern Development (the Crown Respondent).
[2] The Appellant did not file any materials in response to the Crown 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 amended bill of costs and the supporting materials within those parameters. The total amount claimed is generally arguable as reasonable within the limits of the award of costs and is allowed as presented at $2,436.92.
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-396-05
STYLE OF CAUSE: GERALDINE M. WILLISTON v. HMQ et al.
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON
WRITTEN REPRESENTATIONS:
n/a |
FOR THE APPELLANT
|
Ms. Shelley Quinn
n/a |
Majesty the Queen in right of Canada as represented by the Minister of Indian Affairs and Northern Development
FOR THE RESPONDENT, The Chippewas of Rama Indian Band
|
SOLICITORS OF RECORD:
Gowling Lafleur Henderson LLP Kitchener, ON
|
|
John H. Sims, Q.C. Deputy Attorney General of Canada
McCarthy Tétrault LLP Toronto, ON |
FOR THE RESPONDENT, Her Majesty the Queen in right of Canada as represented by the Minister of Indian Affairs and Northern Development
FOR THE RESPONDENT, The Chippewas of Rama Indian Band |