Ayangma v. Canada (Treasury Board)

Ayangma v. Canada (Treasury Board)
Court (s) Database
Federal Court Decisions
Date
2008-01-23
Neutral citation
2008 FC 86
File numbers
T-917-06
Decision Content
Date: 20080123
Docket: T-917-06
Citation: 2008 FC 86
BETWEEN:
DR. NOEL AYANGMA
Applicant
and
THE TREASURY BOARD OF CANADA
Respondent
ASSESSMENT OF COSTS - REASONS
Charles E. Stinson
Assessment Officer
[1] This application for judicial review of a decision of an adjudicator pursuant to the Public Service Staff Relations Act addressing fraudulent travel claims and unauthorized absences from work was dismissed with maximum Column V costs. I issued a timetable for written disposition of the assessment of the three bills of costs presented by the Respondent addressing costs of the judicial review and certain motions.
[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. I examined each item claimed in the bills of costs within those parameters. There were items which might have attracted disagreement, but the total amount claimed in each bill of costs is generally arguable as reasonable within the limits of the awards of costs.
[3] One of the bills of costs was presented for an order dated February 8, 2007, silent on costs and striking a party. I think that this was an inadvertent slip as there was a second order on February 8, 2007, permitting the Applicant to introduce new evidence but awarding costs to the Respondent in any event of the cause. The Respondent's bills of costs are assessed and allowed as presented at $7,960.00 (judicial review), $645.00 (motion to strike) and $885.00 (motion for new evidence).
"Charles E. Stinson"
Assessment Officer
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-917-06
STYLE OF CAUSE: DR. NOEL AYANGMA v. THE TREASURY BOARD OF CANADA
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON
DATED: January 23, 2008
WRITTEN REPRESENTATIONS:
n/a
FOR THE APPLICANT
Mr. Richard E. Fader
FOR THE RESPONDENT
SOLICITORS OF RECORD:
n/a
FOR THE APPLICANT
John H. Sims, Q.C.
Deputy Attorney General of Canada
FOR THE RESPONDENT