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Date: 20050131
Docket: A-174-01
Citation: 2005 FCA 46
BETWEEN:
DOREEN WILLIAMS
Appellant
and
HER MAJESTY THE QUEEN
Respondent
ASSESSMENT OF COSTS - REASONS
S. FINDLAY
ASSESSMENT OFFICER
[1] The appeal from a final judgment by the Tax Court 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. In such circumstances the Federal Court Rules, 1998 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 outside the authority of the Judgment and 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.
[3] The Respondent's bill of costs is assessed and allowed as presented at $ 2,112.60.
"Susan Findlay"
![](/web/20070426185909im_/http://decisions.fca-caf.gc.ca/en/2005/2005fca46/image001.gif)
S. Findlay
Assessment Officer
Toronto, Ontario
January 31, 2005
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-174-01
STYLE OF CAUSE: DOREEN WILLIAMS
Appellant
and
HER MAJESTY THE QUEEN
Respondent
ASSESSMENT OF COSTS -
REASONS BY: SUSAN FINDLAY
DATED: JANUARY 31, 2005
ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
SOLICITORS OF RECORD: Gardiner Roberts LLP
Toronto, Ontario
For the Appellant
John H. Sims, Q.C.
Deputy Attorney General of Canada
For the Respondent