Socan v. 537047 B.c. Ltd.
Court headnote
Socan v. 537047 B.c. Ltd. Court (s) Database Federal Court Decisions Date 2001-09-07 Neutral citation 2001 FCT 1004 File numbers T-1594-00 Decision Content Date: 20010907 Docket: T-1594-00 Citation: 2001 FCT 1004 BETWEEN: SOCIETY OF COMPOSERS, AUTHORS AND MUSIC PUBLISHERS OF CANADA Plaintiff - and - 537047 B.C. LIMITED and CHRIS BRADLEY Defendants ASSESSMENT OF COSTS - REASONS Charles E. Stinson Assessment Officer [1] The Plaintiff brought an interlocutory motion and was awarded costs against the Defendant Chris Bradley payable forthwith and in any event of the cause. The Plaintiff filed its Bill of Costs. The Defendant did not respond to notice of the timetable issued for written disposition of this bill of costs. The Federal Court Rules, 1998 do not contemplate a litigant, having proper notice of an assessment of costs and choosing not to participate, as was the case here, 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 Plaintiff's Bill of Costs and the supporting materials within those parameters. [2] The Plaintiff's Bill of Costs, presented at $665.97, is assessed and allowed at $665.97. (Sgd.) "Charles E. Stinson" Assessment Officer FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF R…
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Socan v. 537047 B.c. Ltd. Court (s) Database Federal Court Decisions Date 2001-09-07 Neutral citation 2001 FCT 1004 File numbers T-1594-00 Decision Content Date: 20010907 Docket: T-1594-00 Citation: 2001 FCT 1004 BETWEEN: SOCIETY OF COMPOSERS, AUTHORS AND MUSIC PUBLISHERS OF CANADA Plaintiff - and - 537047 B.C. LIMITED and CHRIS BRADLEY Defendants ASSESSMENT OF COSTS - REASONS Charles E. Stinson Assessment Officer [1] The Plaintiff brought an interlocutory motion and was awarded costs against the Defendant Chris Bradley payable forthwith and in any event of the cause. The Plaintiff filed its Bill of Costs. The Defendant did not respond to notice of the timetable issued for written disposition of this bill of costs. The Federal Court Rules, 1998 do not contemplate a litigant, having proper notice of an assessment of costs and choosing not to participate, as was the case here, 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 Plaintiff's Bill of Costs and the supporting materials within those parameters. [2] The Plaintiff's Bill of Costs, presented at $665.97, is assessed and allowed at $665.97. (Sgd.) "Charles E. Stinson" Assessment Officer FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: T-1594-00 STYLE OF CAUSE: SOCIETY OF COMPOSERS, AUTHORS AND MUSIC PUBLISHERS OF CANADA Plaintiff - and - 537047 B.C. LIMITED and CHRIS BRADLEY Defendants ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES REASONS BY: CHARLES E. STINSON DATED: September 7, 2001 SOLICITORS OF RECORD: Boughton Peterson Yang Anderson for Plaintiff Vancouver, B.C.
Source: decisions.fct-cf.gc.ca