Szebenyi v. Canada
An assessment officer must independently examine claimed items for lawfulness under the judgment and the tariff but is not required to act as an advocate for an unrepresented litigant; applying that standard the claimed amount of $1,802.79 was allowable and is awarded.
Source-derived case information.
- Citation
- 2008 FCA 233
- Parties
- Appellant: Istvan Szebenyi; Respondent: Her Majesty the Queen
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 9 July 2008
- Procedural Posture
- Appeal to Federal Court of Appeal / Assessment of Costs (written)
- Outcome
- Assessment allowed; Respondent awarded costs of $1,802.79.
- Legal Topics
- Assessment of Costs, Federal Courts Rules, Tariff Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Istvan Szebenyi
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Appeal to Federal Court of Appeal / Assessment of Costs (written)
Legal Issues
- 1 Whether claimed costs were allowable under the judgment and the tariff
- 2 Whether the assessment officer must act as an advocate for an unrepresented litigant
- 3 Whether the total amount claimed is reasonable within the limits of the award and tariff
Ratio Decidendi
An assessment officer must independently examine claimed items for lawfulness under the judgment and the tariff but is not required to act as an advocate for an unrepresented litigant; applying that standard the claimed amount of $1,802.79 was allowable and is awarded.
Court Disposition
Assessment allowed; Respondent awarded costs of $1,802.79.
Orders
- Respondent awarded costs in the amount of $1,802.79.
- Assessment conducted in writing without personal appearance of the parties.
Full Case Text
Judgment text and source record
1 paragraphs
Szebenyi v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2008-07-09 Neutral citation 2008 FCA 233 File numbers A-271-06 Decision Content Date: 20080709 Docket: A-271-06 Citation: 2008 FCA 233 BETWEEN: ISTVAN SZEBENYI Appellant and HER MAJESTY THE QUEEN Respondent ASSESSMENT OF COSTS - REASONS Charles E. Stinson Assessment Officer [1] The Court dismissed with costs this appeal of a decision of the Federal Court which had dismissed the Appellant’s action for damages of $6 million for alleged negligence in the handling of his mother’s sponsorship application. I issued a timetable for written disposition of the assessment of the Respondent’s bill of costs. [2] The Appellant did not file any materials in response to the Respondent’s 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 parameters. The total amount claimed is generally arguable as reasonable within the limits of the award of costs and is allowed as presented at $1,802.79. “Charles E. Stinson” Assessment Officer FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-271-06 STYLE OF CAUSE: ISTVAN SZEBENYI v. HMQ ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON DATED: July 9, 2008 WRITTEN REPRESENTATIONS: n/a FOR THE APPELLANT (self-represented) Lorne McClenaghan FOR THE RESPONDENT SOLICITORS OF RECORD: n/a FOR THE APPELLANT (self-represented) John H. Sims, Q.C. Deputy Attorney General of Canada Toronto, ON FOR THE RESPONDENT