Federal Court

Civil Procedure

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.).

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