Cougar Aviation Ltd. v. Canada (Minister of Public Works and Government Services)
Because the applicant did not participate and the claimed items were within the authority of the judgment and the tariff, the assessment officer allowed the respondent's revised bill of costs in full at $3,982.37.
Source-derived case information.
- Citation
- 2002 FCA 217
- Parties
- Applicant: Cougar Aviation Limited; Respondent: Minister of Public Works and Government Services Canada; Respondent: Provincial Airlines Limited
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 24 May 2002
- Procedural Posture
- Judicial Review / Assessment of Costs
- Outcome
- Respondent Provincial Airlines Limited's revised Bill of Costs assessed and allowed in full.
- Legal Topics
- Costs Assessment, Tariff Interpretation, Judicial Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cougar Aviation Limited
Applicant
Minister of Public Works and Government Services Canada
Respondent
Provincial Airlines Limited
Respondent
Procedural Posture
Judicial Review / Assessment of Costs
Legal Issues
- 1 Whether an assessment officer may abandon neutrality to advocate for an unresponsive litigant
- 2 Whether items in the respondent's bill of costs are lawful under the judgment and the tariff
- 3 Whether the total fees claimed fall within the tariff limits
Ratio Decidendi
Because the applicant did not participate and the claimed items were within the authority of the judgment and the tariff, the assessment officer allowed the respondent's revised bill of costs in full at $3,982.37.
Court Disposition
Respondent Provincial Airlines Limited's revised Bill of Costs assessed and allowed in full.
Orders
- Respondent Provincial Airlines Limited's revised Bill of Costs is assessed and allowed at $3,982.37.
Full Case Text
Judgment text and source record
1 paragraphs
Cougar Aviation Ltd. v. Canada (Minister of Public Works and Government Services) Court (s) Database Federal Court of Appeal Decisions Date 2002-05-24 Neutral citation 2002 FCA 217 File numbers A-421-99 Decision Content Date: 20020524 Docket: A-421-99 Neutral citation: 2002 FCA 217 BETWEEN: COUGAR AVIATION LIMITED Applicant - and - MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA and PROVINCIAL AIRLINES LIMITED Respondents ASSESSMENT OF COSTS - REASONS Charles E. Stinson Assessment Officer [1] The Respondent, Provincial Airlines Limited, was awarded costs of this judicial review. The Applicant did not respond to notice of the timetable issued for written disposition of the Respondent's Bill of Costs. The Federal Court Rules, 1998, do not contemplate a litigant, having proper notice of an assessment of costs and failing to participate, as was the case here, benefiting by an assessment officer abdicating 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, i.e. those outside the authority of the judgment and the tariff. I examined each item claimed in the Respondent's Bill of Costs and the supporting materials within those parameters. Although there are difficulties with the choice of certain fee items, the total amount claimed for fees could be arguable within the limit of the tariff. [2] The Respondent's revised Bill of Costs, presented at $3,982.37, is assessed and allowed at $3,982.37. (Sgd.) "Charles E. Stinson" Assessment Officer Vancouver, B.C. May 24, 2002 FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-421-99 STYLE OF CAUSE: COUGAR AVIATION LIMITED Applicant - and - MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA and PROVINCIAL AIRLINES LIMITED Respondents ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES REASONS BY: CHARLES E. STINSON DATED: May 24, 2002 SOLICITORS OF RECORD: Ogilvy, Renault for Applicant Ottawa, Ontario Morris Rosenberg for Respondent Minister of Public Deputy Attorney General of Canada Works and Government Services Canada Gowling, Lafleur, Henderson LLP for Respondent Provincial Airlines Ottawa, Ontario Limited