Waterhen Lake First Nation v. Ernest
Court headnote
Waterhen Lake First Nation v. Ernest Court (s) Database Federal Court Decisions Date 2004-08-05 Neutral citation 2004 FC 1068 File numbers T-294-03 Decision Content Date: 20040805 Docket: T-294-03 Citation: 2004 FC 1068 BETWEEN: WATERHEN LAKE FIRST NATION Applicant - and - MICHELLE ERNEST, LEONARD VINCENT DONALD MARTELL, JOANNE MARTELL and ATTORNEY GENERAL OF CANADA Respondents ASSESSMENT OF COSTS - REASONS Charles E. Stinson Assessment Officer [1] A motion by the Applicant for stay of execution of the decision of an arbitrator made further to the Canada Labour Code, pending judicial review of said decision, was dismissed with costs. I issued a timetable for written disposition of the bill of costs of the Respondents, Michelle Ernest, Leonard Vincent, Donald Martell and Joanne Martell (hereafter "the Respondents"). [2] The Applicant did not file any materials in response to the Respondents' materials. My view, often expressed in comparable circumstances, is that the Federal Court Rules, 1998 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. Item 13(a) would address preparation for the judicial review, but not p…
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Waterhen Lake First Nation v. Ernest Court (s) Database Federal Court Decisions Date 2004-08-05 Neutral citation 2004 FC 1068 File numbers T-294-03 Decision Content Date: 20040805 Docket: T-294-03 Citation: 2004 FC 1068 BETWEEN: WATERHEN LAKE FIRST NATION Applicant - and - MICHELLE ERNEST, LEONARD VINCENT DONALD MARTELL, JOANNE MARTELL and ATTORNEY GENERAL OF CANADA Respondents ASSESSMENT OF COSTS - REASONS Charles E. Stinson Assessment Officer [1] A motion by the Applicant for stay of execution of the decision of an arbitrator made further to the Canada Labour Code, pending judicial review of said decision, was dismissed with costs. I issued a timetable for written disposition of the bill of costs of the Respondents, Michelle Ernest, Leonard Vincent, Donald Martell and Joanne Martell (hereafter "the Respondents"). [2] The Applicant did not file any materials in response to the Respondents' materials. My view, often expressed in comparable circumstances, is that the Federal Court Rules, 1998 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. Item 13(a) would address preparation for the judicial review, but not preparation for an interlocutory hearing. The item 5 claim in the Respondents' bill of costs already addresses this latter preparation. The Applicant appealed the decision dismissing the stay of execution application. The order dated September 19, 2003, in the Federal Court of Appeal file A-39-03, dismissed said appeal, but was silent as to costs. Therefore, there does not appear to be any authority for the claim here under item 21 (a). In the circumstances, I disallow items 13(a) and 21(a). Otherwise, the amount claimed 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 bill of costs of the Respondents, presented at $3,345.10, is assessed and allowed at $ 2,350.70. (Sgd.) "Charles E. Stinson" Assessment Officer Vancouver, B.C. August 5, 2004 FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: T-294-03 STYLE OF CAUSE: WATERHEN LAKE FIRST NATION - and - MICHELLE ERNEST et al. ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON DATED: August 5, 2004 SOLICITORS OF RECORD: Semaganis Worme & Missens for Applicant Saskatoon, SK. Morris Rosenberg Deputy Attorney General of Canada for Respondent Attorney General of Canada Wallace Meschishnick Clackson Zawada Saskatoon, SK for Respondents Michelle Ernest et al.
Source: decisions.fct-cf.gc.ca