Federal Appeal

Civil Procedure

No special reasons in case justifying award of costs

Appellant was successful in appealing judgment dismissing application for judicial review of decision under Immigration and Refugee Protection Act (Can.). No submissions on costs appeared in memorandum of fact and law. No submissions on costs were made at hearing. Judgment on appeal and reasons for judgment were silent on costs. Appellant brought motion for order granting costs on solicitor-and-client basis. Motion was dismissed. Motion for costs was subject to Rule 22 of Federal Court Immigration and Refugee Protection Rules (Can.), which precluded award of costs in absence of special reasons. There were no special reasons in case justifying award of costs in favour of appellant.

Ndungu v. Canada (Minister of Citizenship and Immigration)

(June 21, 2011, F.C.A., Sharlow, Dawson and Layden-Stevenson JJ.A., File No. A-501-09) 204 A.C.W.S. (3d) 31 (11 pp.).

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