Federal Court

Civil Procedure

Delay in provision of redacted documents to citizenship applicant did not justify solicitor-client costs

Citizenship judge rejected application as permanent resident did not meet residency test. Permanent resident applied for judicial review which was dismissed. Permanent resident’s File Preparation and Analysis Template (FPAT), document was originally redacted from Certified Tribunal Record and then confidentially disclosed to permanent resident’s counsel. Minister had argued against disclosure of FPAT as disclosure of FPAT document could lead to individuals learning methods of fraud detection used by government. Permanent resident requested costs on solicitor-client basis regardless of outcome of judicial review. Request for costs denied. There was no evidence before court that Minister’s refusal to disclose redacted documents unnecessarily lengthened proceedings. Permanent resident’s basis for requesting solicitor-client costs was that he asked for redacted documents to be disclosed and Minister defended redactions. This was not basis for solicitor-client costs. Minister was entitled to object to disclosure of certain information pursuant to R. 318(2) of Federal Court Rules (Can.), and to defend his position in good faith. Minister did not unduly lengthen or delay proceedings. It took approximately three months before counsel for permanent resident was able to view redacted documents. This delay hardly rose to level of “reprehensible, scandalous or outrageous conduct” that was necessary to justify costs on solicitor-client basis.

Boland v. Canada (Minister of Citizenship and Immigration) (Mar. 25, 2015, F.C., Yves de Montigny J., File No. T-1090-14) 252 A.C.W.S. (3d) 405.

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