Lord's Evangelical Church of Deliverance and Prayer of Toronto v. Canada
Applying the requirement of neutrality and the constraint that only items authorized by the judgment and tariff be certified, the assessment officer examined the claimed items and concluded the bill was generally arguable and allowable; the respondent's bill of costs was assessed and allowed in full at $1,469.25.
Source-derived case information.
- Citation
- 2006 FCA 3
- Parties
- Appellant: Lord's Evangelical Church of Deliverance and Prayer of Toronto; Respondent: Her Majesty the Queen
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 5 January 2006
- Procedural Posture
- Appeal (revocation of Charitable Organization Registration) / Assessment of Costs After Dismissal
- Outcome
- Respondent's bill of costs assessed and allowed in full.
- Legal Topics
- Registration of Charitable Organizations, Judicial Review/appeal, Costs Assessment, Federal Courts Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lord's Evangelical Church of Deliverance and Prayer of Toronto
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Appeal (revocation of Charitable Organization Registration) / Assessment of Costs After Dismissal
Legal Issues
- 1 Whether assessment officer may act as advocate for a litigant during costs assessment
- 2 Whether items in the bill of costs are lawful and within the authority of the judgment and the tariff
- 3 Whether the total claimed costs are reasonable in the circumstances
Ratio Decidendi
Applying the requirement of neutrality and the constraint that only items authorized by the judgment and tariff be certified, the assessment officer examined the claimed items and concluded the bill was generally arguable and allowable; the respondent's bill of costs was assessed and allowed in full at $1,469.25.
Court Disposition
Respondent's bill of costs assessed and allowed in full.
Orders
- Respondent's bill of costs assessed and allowed at $1,469.25.
Full Case Text
Judgment text and source record
1 paragraphs
Lord's Evangelical Church of Deliverance and Prayer of Toronto v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2006-01-05 Neutral citation 2006 FCA 3 File numbers A-300-03 Decision Content Date: 20060105 Docket: A-300-03 Citation: 2006 FCA 3 BETWEEN: LORD'S EVANGELICAL CHURCH OF DELIVERANCE AND PRAYER OF TORONTO Appellant - and - HER MAJESTY THE QUEEN Respondent ASSESSMENT OF COSTS - REASONS Charles E. Stinson Assessment Officer [1] This appeal, addressing a decision revoking the Appellant's registration as a charitable organization, was dismissed with costs. I issued a timetable for written disposition 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 an assessment officer stepping away from 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, ie. 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 amount claimed in total in the bill of costs is generally arguable within the limits of the award of costs as reasonable in the circumstances of this litigation. The Respondent's bill of costs is assessed and allowed as presented at $1,469.25. (Sgd.) "Charles E. Stinson" Assessment Officer FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-300-03 STYLE OF CAUSE: LORD'S EVANGELICAL CHURCH OF DELIVERANCE AND PRAYER OF TORONTO - and - HER MAJESTY THE QUEEN ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON DATED: January 5, 2006 SOLICITORS OF RECORD: Ackerman Law Office FOR APPELLANT Toronto, ON John H. Sims, Q.C. FOR RESPONDENT Deputy Attorney General of Canada