Cougar Aviation Ltd. v. Canada (Minister of Public Works and Government Services)
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Cougar Aviation Ltd. v. Canada (Minister of Public Works and Government Services) Court (s) Database Federal Court of Appeal Decisions Date 2002-05-24 Neutral citation 2002 FCA 217 File numbers A-421-99 Decision Content Date: 20020524 Docket: A-421-99 Neutral citation: 2002 FCA 217 BETWEEN: COUGAR AVIATION LIMITED Applicant - and - MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA and PROVINCIAL AIRLINES LIMITED Respondents ASSESSMENT OF COSTS - REASONS Charles E. Stinson Assessment Officer [1] The Respondent, Provincial Airlines Limited, was awarded costs of this judicial review. The Applicant did not respond to notice of the timetable issued for written disposition of the Respondent's Bill of Costs. The Federal Court Rules, 1998, do not contemplate a litigant, having proper notice of an assessment of costs and failing 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 Respondent's Bill of Costs and the supporting materials within those parameters. Although there are difficulties with the choice of certain fee items, the total amount claimed for fees could be arguable within the limit of the tariff. [2] The Respondent's revised Bill of Costs, presented at $3,982.37, is a…
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Cougar Aviation Ltd. v. Canada (Minister of Public Works and Government Services) Court (s) Database Federal Court of Appeal Decisions Date 2002-05-24 Neutral citation 2002 FCA 217 File numbers A-421-99 Decision Content Date: 20020524 Docket: A-421-99 Neutral citation: 2002 FCA 217 BETWEEN: COUGAR AVIATION LIMITED Applicant - and - MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA and PROVINCIAL AIRLINES LIMITED Respondents ASSESSMENT OF COSTS - REASONS Charles E. Stinson Assessment Officer [1] The Respondent, Provincial Airlines Limited, was awarded costs of this judicial review. The Applicant did not respond to notice of the timetable issued for written disposition of the Respondent's Bill of Costs. The Federal Court Rules, 1998, do not contemplate a litigant, having proper notice of an assessment of costs and failing 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 Respondent's Bill of Costs and the supporting materials within those parameters. Although there are difficulties with the choice of certain fee items, the total amount claimed for fees could be arguable within the limit of the tariff. [2] The Respondent's revised Bill of Costs, presented at $3,982.37, is assessed and allowed at $3,982.37. (Sgd.) "Charles E. Stinson" Assessment Officer Vancouver, B.C. May 24, 2002 FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-421-99 STYLE OF CAUSE: COUGAR AVIATION LIMITED Applicant - and - MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA and PROVINCIAL AIRLINES LIMITED Respondents ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES REASONS BY: CHARLES E. STINSON DATED: May 24, 2002 SOLICITORS OF RECORD: Ogilvy, Renault for Applicant Ottawa, Ontario Morris Rosenberg for Respondent Minister of Public Deputy Attorney General of Canada Works and Government Services Canada Gowling, Lafleur, Henderson LLP for Respondent Provincial Airlines Ottawa, Ontario Limited
Source: decisions.fca-caf.gc.ca