Macdonald v. Ontario
Court headnote
Macdonald v. Ontario Court (s) Database Federal Court of Appeal Decisions Date 2001-11-06 Neutral citation 2001 FCA 335 File numbers A-455-99 Decision Content Date: 20011106 Docket: A-455-99 Neutral citation: 2001 FCA 335 BETWEEN: IAN V. MACDONALD Appellant (Plaintiff) - and - HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO THE ATTORNEY GENERAL OF ONTARIO THE HONOURABLE CHARLES HARNICK WILLIAM MALCOLM BISHOP TERRANCE STERLING BISHOP MICHAEL CHINKIWSKY S. BERGAU Respondent (Defendant) ASSESSMENT OF COSTS - REASONS Charles E. Stinson Assessment Officer [1] A copy of these Reasons is filed today in Court file T-733-99 and applies there accordingly. The action of the Appellant (Plaintiff) was struck with costs in favour of the Defendant Michael Chinkiwsky. The appeal against that decision was dismissed with costs in favour of the Respondent Chinkiwsky . The Respondent Chinkiwsky filed his Bill of Costs combining elements of the Trial Division and Appeal Division litigation. The Appellant (Plaintiff) 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 …
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Macdonald v. Ontario Court (s) Database Federal Court of Appeal Decisions Date 2001-11-06 Neutral citation 2001 FCA 335 File numbers A-455-99 Decision Content Date: 20011106 Docket: A-455-99 Neutral citation: 2001 FCA 335 BETWEEN: IAN V. MACDONALD Appellant (Plaintiff) - and - HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO THE ATTORNEY GENERAL OF ONTARIO THE HONOURABLE CHARLES HARNICK WILLIAM MALCOLM BISHOP TERRANCE STERLING BISHOP MICHAEL CHINKIWSKY S. BERGAU Respondent (Defendant) ASSESSMENT OF COSTS - REASONS Charles E. Stinson Assessment Officer [1] A copy of these Reasons is filed today in Court file T-733-99 and applies there accordingly. The action of the Appellant (Plaintiff) was struck with costs in favour of the Defendant Michael Chinkiwsky. The appeal against that decision was dismissed with costs in favour of the Respondent Chinkiwsky . The Respondent Chinkiwsky filed his Bill of Costs combining elements of the Trial Division and Appeal Division litigation. The Appellant (Plaintiff) 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 Bill of Costs and the supporting materials within those parameters. [2] The Bill of Costs of the Respondent, Michael Chinkiwsky, presented at $1,819.00, is assessed and allowed at $1,819.00. (Sgd.) "Charles E. Stinson" Assessment Officer Vancouver, B.C. November 6, 2001 FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-455-99 STYLE OF CAUSE: Ian V. MacDonald - and - Her Majesty the Queen in Right of Ontario et al. ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES REASONS BY: CHARLES E. STINSON DATED: November 6, 2001 SOLICITORS OF RECORD: Crown Law Office - Civil for the Respondents, Attorney General for Ontario Her Majesty the Queen in Right Toronto, Ontario of Ontario, the Attorney General for Ontario, The Hon. Charles Harnick and S. Bergau Cooligan Ryan for the Respondents, Ottawa, Ontario W.M. Bishop and T.S. Bishop Nelligan O'Brien Payne for the Respondent, Ottawa, Ontario M. Chinkiwsky
Source: decisions.fca-caf.gc.ca