BETWEEN:
and
ASSESSMENT OF COSTS - REASONS
Assessment Officer
[1] After a Notice of Status Review and certain orders and directions permitting the Appellant to perfect his materials concerning his appeal of a decision of the Tax Court of Canada, the Court dismissed his appeal with costs. I issued a timetable for written disposition of the assessment 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 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.
[3] I examined each item claimed in the bill of costs and the supporting materials within those parameters. The amount claimed ($353.90 for the transcript of the proceeding in the Tax Court of Canada) is reasonable in these circumstances. As requested, I add an allowance for counsel fee item 26 (assessment of costs) of $240.00 (the minimum in the available range) leaving the Respondent's bill of costs assessed and allowed at $593.90.
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-3-04
STYLE OF CAUSE: BJARNE AASLAND v. HMQ
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON
WRITTEN REPRESENTATIONS:
n/a
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FOR THE APPELLANT (self-represented)
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Penny L. Piper Jeff Pniowsky
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SOLICITORS OF RECORD:
n/a
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John H. Sims, Q.C. Deputy Attorney General of Canada
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