JACOB UNGER WIEBE, KATHARINA KNELSEN FRIESSEN, SUSANA UNGER KNELSEN, ISAAK UNGER KNELSEN, EVA UNGER KNELSEN, FRANCISCO UNGER KNELSEN, JAKE UNGER KNELSEN, SARA UNGER KNELSEN Applicants v. THE MINISTER OF CITIZENSHIP AND, 2012 FC 260

Date: 20120224 Docket: T-453-10 Citation: 2012 FC 260 BETWEEN: JACOB UNGER WIEBE, KATHARINA KNELSEN FRIESSEN, SUSANA UNGER KNELSEN, ISAAK UNGER KNELSEN, EVA UNGER KNELSEN, FRANCISCO UNGER KNELSEN, JAKE UNGER KNELSEN, SARA UNGER KNELSEN Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent ASSESSMENT OF COSTS - REASONS BRUCE PRESTON, Assessment Officer [ 1 ] By way of Order dated August 9, 2011, the Court granted the Respondent’s motion, dismissed the application for delay and awarded costs of the motion and the application payable by the Applicants to the Respondent. [ 2 ] On November 15, 2011, the Respondent filed its Bill of Costs.

On November 23, 2011, a direction was issued setting a timetable for the exchange of materials. The time limits for filing submissions have now passed and at this time the Respondent has filed a Bill of Costs, an affidavit of Karen M. Mendonca and Written Submissions. The Applicants have not filed any written submissions in response to the Bill of Costs. [ 3 ] In Reginald R.

Dahl v HMQ 2007 FC 192 at paragraph 2 , the assessment officer held: Effectively, the absence of any relevant representations by the Plaintiff, which could assist me in identifying issues and making a decision, leaves the bill of costs unopposed. My view, often expressed in comparable circumstances, is that the Federal Courts Rules do not contemplate a litigant 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 the judgment and the Tariff.

[ 4 ] Having reviewed the file of the proceeding, the Bill of Costs and the material filed in support of the costs, I am satisfied that the amounts claimed are justified and may be allowed as presented. [ 5 ] The Respondent’s Bill of Costs, presented at $2,942.22, is allowed as presented.

A certificate of assessment will be issued. “Bruce Preston” Assessment Officer Toronto, Ontario February 24, 2012 FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-453-10 STYLE OF CAUSE: JACOB UNGER WIEBE, KATHARINA KNELSEN FRIESSEN, SUSANA UNGER KNELSEN, ISAAK UNGER KNELSEN, EVA UNGER KNELSEN, FRANCISCO UNGER KNELSEN, JAKE UNGER KNELSEN, SARA UNGER KNELSEN v THE MINISTER OF CITIZENSHIP AND IMMIGRATION ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES PLACE OF ASSESSMENT: Toronto , Ontario REASONS FOR ASSESSMENT OF COSTS: BRUCE PRESTON DATED: February 24, 2012 WRITTEN REPRESENTATIONS : N/A FOR THE APPLICANTS Leanne Briscoe FOR THE RESPONDENT

SOLICITORS OF RECORD : Siskinds LLP London , Ontario FOR THE APPLICANTS Myles J. Kirvan Deputy Attorney General of Canada FOR THE RESPONDENT