Salt River First Nation 195 v. Marie

Salt River First Nation 195 v. Marie
Court (s) Database
Federal Court Decisions
Date
2007-10-09
Neutral citation
2007 FC 1043
File numbers
T-2007-02
Decision Content
Date: 20071009
Docket: T-2007-02
Citation: 2007 FC 1043
BETWEEN:
MELVIN WANDERINGSPIRIT,
DELPHINE BEAULIEU,
TONI HERON, RAYMOND BEAVER AND
SONNY MCDONALD in their capacity as
COUNCILLORS OF THE SALT RIVER FIRST NATION 195,
elected August 30, 2002
Applicants
and
VICTOR MARIE uncontested Chief and
NORMAN STARR uncontested duly elected BAND COUNCIL MEMBER,
NORA BEAVER, DAVID GOWANS, CONNIE BENWELL,
MICHEL BJORNSON, HARVEY LEPINE, AND DON TOURANGEAU,
purportedly elected BAND COUNCILLORS at a meeting held
November 3, 2002, AND JEANNIE MARIE-JEWELL,
acting as Interim Band Manager
Respondents
ASSESSMENT OF COSTS - REASONS
Charles E. Stinson
Assessment Officer
[1] Further to the Applicants' notice of motion for a finding of contempt against eight of the nine Respondents, the Court found two of the Respondents in contempt, but dismissed the motion for contempt relative to the other six subject Respondents, including Harvey Lepine (the Respondent Lepine), with mid-Column IV costs to the Respondent Lepine (the June 29, 2006 findings). I issued a timetable for written disposition of the assessment of the bill of costs of the Respondent Lepine.
[2] The Applicants did not file any materials in response to the materials of the Respondent Lepine. 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 the supporting materials within those parameters. The total amount claimed is generally arguable as reasonable within the limits of the award of costs and is assessed and allowed as presented at $6,902.50.
"Charles E. Stinson"
Assessment Officer
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-2007-02
STYLE OF CAUSE: MELVIN WANDERINGSPIRIT et al. v.
VICTOR MARIE et al.
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON.
DATED: October 9, 2007
WRITTEN REPRESENTATIONS BY:
n/a
FOR THE APPLICANTS
Mr. Pierre G. Asselin
FOR THE RESPONDENT Harvey Lepine
SOLICITORS OF RECORD:
MacKenzie Fujisawa LLP
Vancouver, BC
FOR THE APPLICANTS
Dobko Logan Innes & Hougestol
Grande Prairie, AB
Hendrickson Gower Massing Olivieri LLP, Edmonton, AB
McLennan Ross LLP
Edmonton, AB
FOR THE RESPONDENT David Gowans
FOR THE RESPONDENT Harvey Lepine
FOR THE RESPONDENT Don Tourangeau