Federal Court Decisions

Date: 20070823

Docket: T-1970-05

Citation: 2007 FC 850

BETWEEN:

BRUCE & LINDA ROSS

Plaintiffs

and

THE MINISTER OF CANADA CUSTOMS

AND REVENUE AGENCY,

CUSTOMS BORDER SERVICES AGENCY

Defendants

ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

Assessment Officer

[1]               The Court dismissed with costs this appeal concerning a levy, paid by the Plaintiff, Bruce Ross, for the return of goods and a conveyance, which was held as forfeit. I issued a timetable for written disposition of the assessment of the Defendants' bill of costs.

[2]               The Plaintiffs did not file any materials in response to the Defendants' 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 bill of costs and the supporting materials within those materials. As the bill of costs claims the minimum values respectively for the counsel fee items and does not claim any disbursements, it is allowed as presented at $2,640.00.

"Charles E. Stinson"

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-1970-05

STYLE OF CAUSE:                          BRUCE & LINDA ROSS v. THE MINISTER OF CANADA CUSTOMS AND REVENUE et al.

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPERANCE OF THE PARTIES

REASONS FOR ASSESSMENT OF COSTS:                    CHARLES E. STINSON

DATED:                                                                                 August 23, 2007

WRITTEN REPRESENTATIONS:

SOLICITORS OF RECORD: