Federal Appeal


Civil Procedure

COSTS
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.).

cover image

DIGITAL EDITION

Subscribers get early and easy access to Law Times.

Law Times Poll


A report is expected next month that will kickstart a discussion about the size and composition of the Law Society of Ontario’s board and how it functions. Do you think the board is too big?
RESULTS ❯