Date: 20070404
Docket: A-306-04
Citation: 2007 FCA 139
BETWEEN:
HENSLEY
ORIJI
Appellant
and
ATTORNEY
GENERAL OF CANADA
Respondent
ASSESSMENT OF
COSTS - REASONS
Charles E. Stinson
Assessment Officer
[1]
This
appeal from a dismissal by the Federal Court of an application for judicial
review of an Investigator's decision concerning the rescinding of an offer of
employment to the Appellant in the Public Service was dismissed with costs. I
issued a timetable for written disposition of the assessment of the Respondent's
revised 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. I examined each item claimed in the revised bill of
costs and the supporting materials within those parameters. In the
circumstances of this litigation, the total amount claimed in the revised bill
of costs is generally arguable as reasonable within the limits of the award of
costs. The Respondent asks for maximum Rule 408(3) costs of $720.00 (6 units at
$120 per unit) for the assessment of costs. Here, I allow only the minimum 2
units ($240.00). The Respondent's revised bill of costs, presented at $2,372.15
is assessed and allowed at $2,612.15.
"Charles
E. Stinson"
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-306-04
STYLE OF CAUSE: HENSLEY
ORIJI v. AGC
ASSESSMENT
OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES
E. STINSON
DATED: April 4, 2007
APPEARANCES:
n/a
|
FOR THE APPELLANT
|
Michael Roach
|
FOR THE RESPONDENT
|
SOLICITORS
OF RECORD:
n/a
|
FOR THE APPELLANT
|
John H. Sims,
Q.C.
Deputy
Attorney General of Canada
|
FOR THE RESPONDENT
|