Zeid v. Canada (Public Safety and Emergency Preparedness)
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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” A…
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Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
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
Source: decisions.fct-cf.gc.ca
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