Bill of Costs Assessed Based on Rough Justice and Proof
Simpson Strong-Tie Company, Inc. v. Peak Innovations Inc., 2010 FCA 78 (Stinson, Assessment Officer)

March 18, 2010

Kenneth D. McKay for the Appellant, Simpson Strong-Tie Company, Inc.
Paul Smith for the Respondent, Peak Innovations Inc.

The Assessment Officer assessed the Respondent’s bill of costs based on rough justice of “reasonable” expenses and, generally, allowed the fees claimed.  Where no evidence was provided to support the charges, the allowed fees may be reduced.  For example, without absolute proof of the cost of photocopying (e.g. by way of receipts), the Assessment Officer allowed photocopying charges to be at the rate of $0.25 per page as opposed to the claimed $0.35 per page.  Similarly, even though it was reasonable for the Respondent’s counsel to travel to Toronto on Saturday and adjust oneself to a different time zone for a Monday hearing, in view of the lack of details of the charge relating to the two nights accommodation, the bill was reduced from $418 to $370.

By: Charmane Sing, Borden Ladner Gervais LLP