Obonsawin v. Canada

Obonsawin v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2006-01-05 Neutral citation 2006 FCA 5 File numbers A-77-04 Decision Content Date: 20060105 Docket: A-77-04 Citation: 2006 FCA 5 BETWEEN: ROGER OBONSAWIN Appellant - and - HER MAJESTY THE QUEEN Respondent ASSESSMENT OF COSTS - REASONS Charles E. Stinson Assessment Officer [1] This appeal addressed an order of the Tax Court of Canada denying the Appellant's motion for a stay pending final disposition of an Ontario Superior Court of Justice action and allowing the Respondent's motion to strike out certain paragraphs of the Appellant's proposed amended notice of appeal. The Appellant discontinued one week before the scheduled hearing date. I issued a timetable for written disposition of the Respondent's bill of costs, presented for assessment further to Rule 402 (which provides for costs upon discontinuance). [2] The Respondent consented to discontinuance on the basis that the Appellant would pay costs of $923.40. The Respondent's materials include correspondence to opposing counsel inquiring about payment and indicating that, given the requirement for a formal assessment of costs, an additional $440.00 under item 26 for the assessment of costs would be sought, making for total assessable costs of $1,363.40. [3] 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 $1,363.40. (Sgd.) "Charles E. Stinson" Assessment Officer FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-77-04 STYLE OF CAUSE: ROGER OBONSAWIN - 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: Reynolds, Dolgin LLP FOR APPELLANT Ottawa, ON John H. Sims, Q.C. FOR RESPONDENT Deputy Attorney General of Canada