PRACTICE |
Costs |
Dee v. Canada (Minister of Citizenship and Immigration)
IMM-5178-97
2001 FCT 454, Stinson A.O.
9/5/01
18 pp.
On December 2, 1998, Muldoon J. granted application for mandamus, ordered respondent to make decision before February 26, 1999 on applicant's application for permanent residence, ordered costs of application on solicitor-and-client basis without regard to date when those incurred--Applicant presented bill of costs for period of March 1983 to February 1999 totalling $538,531.92--Respondent objecting on basis award of costs must be taken as limited to mandamus proceeding instituted on December 8, 1997--In January 1981, applicant left Philippines with wife, four young sons, to live, work in Costa Rica--Applicant, wife agreeing to divorce in April 1982--Applicant came to Vancouver in October 1982, returned to Costa Rica--In February 1999, application for landing refused as respondent, without specifying what held against applicant, not satisfied about applicant's rehabilitation--Costs awarded consist of solicitor-client costs after December 1997 and costs as between solicitor and client before--Unlikely any costs associated with applicant's efforts to remain in Canada from December 1982 to October 1989, but not including wife's initiative to sponsor him for permanent residence, could be assessed within purview of award of costs--From October 1989 to July 1995, there may be costs assessable within purview of award of costs but, on materials, submissions to this point, nexus appears remote and such costs may be limited--Order dated December 2, 1998 not appearing to provide for that extent of costs, but intent in reasons should not be ignored--Such costs could not include those associated with other proceedings such as judicial review before MacKay J. in February 2000.