Twinn v. Poitras
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Twinn v. Poitras Court (s) Database Federal Court of Appeal Decisions Date 2002-10-07 Neutral citation 2002 FCA 369 File numbers A-177-99 Decision Content Date: 20021007 Docket: A-177-99 Neutral citation: 2002 FCA 369 BETWEEN: ELIZABETH BERNADETTE POITRAS Plaintiff / Respondent - and - WALTER PATRICK TWINN, THE COUNCIL OF THE SAWRIDGE BAND, THE SAWRIDGE BAND and HER MAJESTY THE QUEEN as represented by THE MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT Defendants BETWEEN: WALTER PATRICK TWINN, THE COUNCIL OF THE SAWRIDGE BAND, THE SAWRIDGE BAND Third Party Plaintiffs / Appellants - and - HER MAJESTY THE QUEEN as represented by THE MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT Third Party Defendants / Respondents ASSESSMENT OF COSTS - REASONS Charles E. Stinson Assessment Officer [1] The Appellants discontinued this matter after a hearing date had been set. The Appellants did not respond to the timetable issued for written disposition of the Crown's bill of costs presented for assessment further to Rule 402. The Federal Court Rules, 1998, do not contemplate a litigant, having notice of an assessment of costs and not participating, benefiting by an assessment officer stepping away from 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 a judgment and tariff. I examined each item claimed in the bill of costs and suppo…
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Twinn v. Poitras Court (s) Database Federal Court of Appeal Decisions Date 2002-10-07 Neutral citation 2002 FCA 369 File numbers A-177-99 Decision Content Date: 20021007 Docket: A-177-99 Neutral citation: 2002 FCA 369 BETWEEN: ELIZABETH BERNADETTE POITRAS Plaintiff / Respondent - and - WALTER PATRICK TWINN, THE COUNCIL OF THE SAWRIDGE BAND, THE SAWRIDGE BAND and HER MAJESTY THE QUEEN as represented by THE MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT Defendants BETWEEN: WALTER PATRICK TWINN, THE COUNCIL OF THE SAWRIDGE BAND, THE SAWRIDGE BAND Third Party Plaintiffs / Appellants - and - HER MAJESTY THE QUEEN as represented by THE MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT Third Party Defendants / Respondents ASSESSMENT OF COSTS - REASONS Charles E. Stinson Assessment Officer [1] The Appellants discontinued this matter after a hearing date had been set. The Appellants did not respond to the timetable issued for written disposition of the Crown's bill of costs presented for assessment further to Rule 402. The Federal Court Rules, 1998, do not contemplate a litigant, having notice of an assessment of costs and not participating, benefiting by an assessment officer stepping away from 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 a judgment and tariff. I examined each item claimed in the bill of costs and supporting material within those parameters. The Crown asked for costs of the assessment. I think that the circumstances warrant the minimum 2 units. The bill of costs of the Crown, presented at $712.03, is assessed and allowed at $932.03. (Sgd.) "Charles E. Stinson" Assessment Officer DATED at Vancouver, British Columbia, this 7th day of October, 2002 FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-177-99 STYLE OF CAUSE: ELIZABETH BERNADETTE POITRAS - and - WALTER PATRICK TWINN et al. - and - HER MAJESTY THE QUEEN et al. ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON DATED: October 7, 2002 SOLICITORS OF RECORD: Aird & Berlis for Appellants Toronto, ON Catherine Twinn for Appellants Slave Lake, AB Morris Rosenberg Deputy Attorney General of Canada for Respondent Her Majesty the Queen Royal, McCrum, Duckett & Glancy for Respondent Edmonton, AB Elizabeth Bernadette Poitras
Source: decisions.fca-caf.gc.ca