Stubicar v. Canada

The motions to review the cost assessments were dismissed because the assessment officer did not err in principle and the Tariff B items claimed by a self-represented lawyer are not ordinarily payable absent court directions; the applicant failed to seek Rule 403 directions and the assessed amounts were reasonable.

Citation: 2015 FC 722
Parties: Appellant (plaintiff): Vlasta Stubicar; Respondent (defendant): Her Majesty the Queen in Right of Canada
Court: Federal Court
Jurisdiction: Canada
Judgment Date: 8 June 2015
Procedural Posture: Review of Costs Assessments / Motions in Writing Pursuant to Federal Courts Rules Rule 369 for Review of Assessment Officer Decisions
Outcome: Motions dismissed; assessments upheld
Legal Topics: Costs Assessment, Self Represented Litigant, Tariff B, Assessment Officer Review, Rules of Court
Source Language: English

Administrative Law Civil Procedure Costs Federal Courts Costs Assessment Self Represented Litigant Tariff B Assessment Officer Review +1 more

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Parties

Vlasta Stubicar

Appellant (plaintiff)

Her Majesty the Queen in Right of Canada

Respondent (defendant)

Procedural Posture

Review of Costs Assessments / Motions in Writing Pursuant to Federal Courts Rules Rule 369 for Review of Assessment Officer Decisions

Legal Issues

1 Whether Tariff B items are payable to a self-represented lawyer
2 Whether the assessment officer erred in principle or failed to consider the record
3 Whether the assessed amounts were unreasonable

Ratio Decidendi

Court Disposition

Motions dismissed; assessments upheld

Orders

Motion in A-144-12 dismissed with costs in favour of the defendant of $200, all inclusive
Motion in A-531-12 dismissed with costs in favour of the defendant of $200, all inclusive