Federal Court Cour fédérale Date: 20110713 Docket: T-33-10 Citation: 2011 FC 880 BETWEEN: GORGE ROAD PROPERTIES LTD. Applicant and THE ATTORNEY GENERAL OF CANADA (CANADA REVENUE AGENCY) Respondent ASSESSMENT OF COSTS - REASONS Charles E. Stinson Assessment Officer [ 1 ] The Applicant discontinued this application for judicial review of a decision of the Canada Revenue Agency concerning the provision of certain documents.

I issued a timetable for written disposition of the assessment of the amended bill of costs of the Respondent, presented further to Rule 402. [ 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. [ 3 ] Although there were items in the amended bill of costs of the Respondent which might have attracted disagreement, its total amount is generally arguable as reasonable and is allowed as presented at $1,315.29. “Charles E. Stinson” Assessment Officer Vancouver, BC July 13, 2011

FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-33-10 STYLE OF CAUSE: GORGE ROAD PROPERTIES LTD. v. ATTORNEY GENERAL OF CANADA (CRA) ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON DATED: July 13, 2011 WRITTEN REPRESENTATIONS : n/a FOR THE APPLICANT Shannon Currie FOR THE RESPONDENT SOLICITORS OF RECORD : Laird & Company Pitt Meadows, BC FOR THE APPLICANT Myles J. Kirvan Deputy Attorney General of Canada Vancouver, BC FOR THE RESPONDENT