Sioux Valley Dakota Nation Chief and Council v. Henderson
Court headnote
Sioux Valley Dakota Nation Chief and Council v. Henderson Court (s) Database Federal Court of Appeal Decisions Date 2008-02-20 Neutral citation 2008 FCA 66 File numbers A-365-06 Decision Content Date: 20080220 Docket: A-365-06 Citation: 2008 FCA 66 BETWEEN: SIOUX VALLEY DAKOTA NATION CHIEF AND COUNCIL and SIOUX VALLEY DAKOTA NATION Appellants and MATTHEW HENDERSON and JOSEPH ANTOINE Respondents ASSESSMENT OF COSTS – REASONS Charles E. Stinson Assessment Officer [1] The Court dismissed with costs this appeal of a decision of the Federal Court granting an extension of time to the Respondents to file an application for judicial review of a band election. I issued a timetable for written disposition of the Respondents' bill of costs. [2] The Appellants did not file any materials in response to the Respondents' 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 supporting materials within those parameters. There were items which might have attracted disagreement, but the total amount claimed is generally arguable as reasonable within the limits of the award of costs. The …
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Sioux Valley Dakota Nation Chief and Council v. Henderson Court (s) Database Federal Court of Appeal Decisions Date 2008-02-20 Neutral citation 2008 FCA 66 File numbers A-365-06 Decision Content Date: 20080220 Docket: A-365-06 Citation: 2008 FCA 66 BETWEEN: SIOUX VALLEY DAKOTA NATION CHIEF AND COUNCIL and SIOUX VALLEY DAKOTA NATION Appellants and MATTHEW HENDERSON and JOSEPH ANTOINE Respondents ASSESSMENT OF COSTS – REASONS Charles E. Stinson Assessment Officer [1] The Court dismissed with costs this appeal of a decision of the Federal Court granting an extension of time to the Respondents to file an application for judicial review of a band election. I issued a timetable for written disposition of the Respondents' bill of costs. [2] The Appellants did not file any materials in response to the Respondents' 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 supporting materials within those parameters. There were items which might have attracted disagreement, but the total amount claimed is generally arguable as reasonable within the limits of the award of costs. The Respondents' bill of costs is assessed and allowed as presented at $2,169.60. "Charles E. Stinson" Assessment Officer FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-365-06 STYLE OF CAUSE: SIOUX VALLEY DAKOTA NATION CHIEF AND COUNCIL et al. v. MATTHEW HENDERSON et al. ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON DATED: February 20, 2008 WRITTEN REPRESENTATIONS: n/a FOR THE APPELLANTS Mr. Jarett D. Kehler FOR THE RESPONDENTS SOLICITORS OF RECORD: Paterson Patterson Wyman & Abel Brandon, MB FOR THE APPELLANTS Donald Legal Services Brandon, MB FOR THE RESPONDENTS
Source: decisions.fca-caf.gc.ca