Federal Court of Appeal Decisions

Date: 20071019

Docket: A-396-05

Citation: 2007 FCA 331

BETWEEN:

GERALDINE M. WILLISTON

Appellant

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)

Respondents

ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

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.

"Charles E. Stinson"

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

DATED:                                                                                 October 19, 2007

WRITTEN REPRESENTATIONS:

SOLICITORS OF RECORD: