Bill of costs assessed at $280.00 following dismissal of third party's motion.
Following the dismissal of the third party's motion to oppose with costs to His Majesty the King, the judgment creditor submitted a bill of costs for assessment in writing.
In the absence of a challenge from the third party, the assessment officer evaluated the bill of costs based on the Federal Courts Rules and Tariff B. The officer allowed the claim for units under item 5 for the preparation and filing of a contested motion.
However, the claim for preparation under item 13(a) was disallowed, as section 13 compensates for trial or hearing on the merits, not interlocutory motions.
Applying Carlile v. Canada, the officer allowed 1 unit under item 27 for services rendered in preparation for the hearing.
Due to the low-complexity and uncontested nature of the assessment, 2 units were awarded for the costs claimed for the assessment.
The total bill of costs was assessed and allowed at $280.00.
