Canada Judgment

Federal Court

Zeid v. Canada (Public Safety and Emergency Preparedness)

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Professional case brief

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Source document

01

Holding and result

Because the plaintiff did not respond and the defendant's bill of costs was generally reasonable and within the authority of the judgment and the tariff, the assessment officer allowed the bill in full at $9,376.11.

Court disposition

Assessment officer allowed the defendant's bill of costs in full and awarded costs to the defendant in the amount of $9,376.11.

Orders

  • Defendant awarded costs in the amount of $9,376.11.
  • Assessment of the bill of costs concluded in writing without personal appearance.

02

Material facts

Parties

KHETAM THAIHER ZEID

Plaintiff Counsel: François Paradis

MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

Defendant Counsel: Myles J. Kirvan; Sinclair & Associates

Amounts and remedies

  • Amount Awarded: CAD 9,376.11

03

Procedural history

  1. Posture

    Statutory Appeal Under Proceeds of Crime (money Laundering) and Terrorist Financing Act / Assessment of Costs Following Dismissal; Written Assessment Without Personal Appearance

04

Questions and positions

Legal issues

Party arguments

Applicant
The plaintiff did not file any materials in response to the defendant's bill of costs and made no submissions.
Respondent
The defendant submitted a bill of costs totaling $9,376.11, argued the items were reasonable and within the authority of the judgment and the tariff, and sought assessment in that amount.

05

Court’s reasoning

  1. 01

    Federal Courts Rules

    Assessment officers must remain neutral and cannot assume the role of an advocate for a party who fails to file submissions

  2. 02

    Federal Courts Rules; Tariff of Costs

    An assessment officer cannot certify items that are unlawful or outside the authority of the judgment and the tariff

  3. 03

    Tariff of Costs (Federal Courts)

    Costs are assessed on the basis of reasonableness in relation to the judgment and applicable tariff

06

Ratio, limits and disposition

Ratio decidendi

Because the plaintiff did not respond and the defendant's bill of costs was generally reasonable and within the authority of the judgment and the tariff, the assessment officer allowed the bill in full at $9,376.11.

Obiter and limits

  • Assessment officers commonly decline to act as advocate for an unresponsive litigant.
  • Although some individual items might attract disagreement, the aggregate amount was generally arguable as reasonable.

Court disposition

Assessment officer allowed the defendant's bill of costs in full and awarded costs to the defendant in the amount of $9,376.11.

  • Defendant awarded costs in the amount of $9,376.11.
  • Assessment of the bill of costs concluded in writing without personal appearance.

Source and reliance status

Federal Court · 26 April 2012

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Judgment reading view

Judgment text

The complete available source text.

Source document

Federal Court

Judgment· 26 April 2012

2012 FC 491

Zeid v. Canada (Public Safety and Emergency Preparedness) Court (s) Database Federal Court Decisions Date 2012-04-26 Neutral citation 2012 FC 491 File numbers T-1101-06 Decision Content Date: 20120426 Docket: T-1101-06 Citation: 2012 FC 491 BETWEEN:

KHETAM THAIHER ZEID Plaintiff and

MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Defendant ASSESSMENT OF COSTS - REASONS Charles E. Stinson Assessment Officer [1] The Court dismissed with costs this statutory appeal by way of action further to section 30 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, SC 2000, c 17. I issued a timetable for written disposition of the assessment of the bill of costs of the Defendant. The Plaintiff did not file any materials in response to the Defendant’s materials. [2] The Applicant 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. [3] Although there were items in the bill of costs of the Defendant which might have attracted disagreement, its total amount is generally arguable as reasonable and is allowed as presented at $9,376.11. “Charles E. Stinson” Assessment Officer Vancouver, BC April 26, 2012

FEDERAL COURT

SOLICITORS OF RECORD DOCKET: T-1101-06 STYLE OF CAUSE: KHETAM THAIHER ZEID v MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON DATED: April 26, 2012 WRITTEN REPRESENTATIONS BY: n/a

FOR THE PLAINTIFF François Paradis

FOR THE DEFENDANT SOLICITORS OF RECORD: Sinclair & Associates Winnipeg, MB

FOR THE PLAINTIFF Myles J. Kirvan Deputy Attorney General of Canada Vancouver, BC

FOR THE DEFENDANT

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Proceeds of Crime (Money Laundering) and Terrorist Financing Act, SC 2000, c 17

Legislation

Legislation referenced in the available case record.

Federal Courts Rules

Legislation

Legislation referenced in the available case record.

Tariff of Costs (Federal Courts)

Legislation

Legislation referenced in the available case record.

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