Williams v. Canada (Attorney General)
Source text
Williams v. Canada (Attorney General) Court (s) Database Federal Court Decisions Date 2009-02-06 Neutral citation 2009 FC 142 File numbers T-2265-04 Decision Content Date: 20090206 Docket: T-2265-04 Citation: 2009 FC 142 BETWEEN: ROBERT WILLIAMS Applicant and ATTORNEY GENERAL FOR CANADA Respondent ASSESSMENT OF COSTS - REASONS Charles E. Stinson Assessment Officer [1] The Court dismissed with costs this application for judicial review of the conviction by a Disciplinary Board of an inmate for possession of an unauthorized item. I issued a timetable for written disposition of the Respondent’s bill of costs. [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. The total amount is generally arguable as reasonable within the limits of the award of costs and is allowed as presented at $1,354.21. “Charles E. Stinson” Assessment Officer FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-2265-04 STYLE OF CAUSE: ROBERT WILLIAMS v. AGC ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON DA…
Full judgment (source text)
Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
Williams v. Canada (Attorney General) Court (s) Database Federal Court Decisions Date 2009-02-06 Neutral citation 2009 FC 142 File numbers T-2265-04 Decision Content Date: 20090206 Docket: T-2265-04 Citation: 2009 FC 142 BETWEEN: ROBERT WILLIAMS Applicant and ATTORNEY GENERAL FOR CANADA Respondent ASSESSMENT OF COSTS - REASONS Charles E. Stinson Assessment Officer [1] The Court dismissed with costs this application for judicial review of the conviction by a Disciplinary Board of an inmate for possession of an unauthorized item. I issued a timetable for written disposition of the Respondent’s bill of costs. [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. The total amount is generally arguable as reasonable within the limits of the award of costs and is allowed as presented at $1,354.21. “Charles E. Stinson” Assessment Officer FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-2265-04 STYLE OF CAUSE: ROBERT WILLIAMS v. AGC ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON DATED: February 6, 2009 WRITTEN REPRESENTATIONS: n/a FOR THE APPLICANT (self-represented) Lisa Laird FOR THE RESPONDENT SOLICITORS OF RECORD: n/a FOR THE APPLICANT (self-represented) John H. Sims, Q.C. Deputy Attorney General of Canada Vancouver, BC FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca
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