Applicant failed to establish that he did not have financial means to cover legal costs

Federal court | Civil Procedure

COSTS

Applicant failed to establish that he did not have financial means to cover legal costs

Applicant sought advance costs order to allow him to defend application made by Attorney General seeking to seal evidence in judicial review application brought by applicant seeking revision of decision of Minister of Transport to include him on no fly list. Application denied. Supreme Court of Canada jurisprudence imposed three criteria for advance allocation of costs. Applicant’s case fell at first of these criteria since he failed to establish that he did not have any other financial means to cover legal costs. Applicant worked as a software engineer and had salary of $56,000. Costs of living did not amount to this value. Applicant had also received family support during studies and had not shown unavailability of such support to defend his rights nor that organizations would be unwilling to assist him. Moreover, interests of applicant would be adequately protected given that court had appointed at cost of Attorney General two lawyers as amici curiae. Further criterion that interest of case must extend beyond individual case of applicant was not met.

Canada (Procureur General) v. Al Telbani (July 27, 2011, F.C., de Montigny J., File No. DES-2-10) Reasons in French. 204 A.C.W.S. (3d) 732 (21 pp.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

Ontario Superior Court upholds award of costs exceeding the damages in a personal injury case

Ontario Superior Court resolves estate dispute between siblings by passing over a sister as trustee

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Most Read Articles

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights