Canada v. Huang and Danczkay Ltd.

Canada v. Huang and Danczkay Ltd. Court (s) Database Federal Court of Appeal Decisions Date 2002-05-29 Neutral citation 2002 FCA 226 File numbers A-500-98 Decision Content Date: 20020529 Docket: A-500-98 Neutral citation: 2002 FCA 226 BETWEEN: HER MAJESTY THE QUEEN Appellant - and - HUANG AND DANCZKAY LIMITED Respondent ASSESSMENT OF COSTS - REASONS Charles E. Stinson Assessment Officer [1] A copy of these Reasons filed today in Court file T-2463-93 applies there accordingly. The Judgment of the Federal Court of Appeal awarded costs to the Appellant here and in the Trial Division. I issued a timetable for disposition of the Crown's bill of costs in both Divisions. The Respondent's counsel was unable to get instructions and applied successfully in both Divisions to be removed from the record. The resultant Orders have been served on the Respondent. I am satisfied from the material supporting the applications for removal as solicitor of record that the Respondent has seen the bills of costs and has been made aware of the opportunity for submissions. The Order in the Trial Division provided that the assessment may proceed without further notice if the Respondent failed to appoint new counsel within ten days of the effective date of service of the Order: the Respondent has not appointed counsel. [2] The Federal Court Rules, 1998, do not contemplate a litigant, having notice of an assessment of costs and failing to participate, 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 bills of costs and the supporting materials within those parameters. The bill of costs of the Plaintiff in T-2463-93 is assessed and allowed as presented at $35, 794.98. The bill of costs of the Appellant in A-500-98 is assessed and allowed as presented at $4,787.19. (Sgd.) "Charles E. Stinson" Assessment Officer Vancouver, B.C. May 29, 2002 FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-500-98 STYLE OF CAUSE: HER MAJESTY THE QUEEN Appellant - and - HUANG AND DANCZKAY LIMITED Respondent ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES REASONS BY: CHARLES E. STINSON DATED: May 29, 2002 SOLICITORS OF RECORD Morris Rosenberg for Appellant Deputy Attorney General of Canada