PRACTICE |
Costs |
Khorrami v. Canada (Minister of Citizenship and Immigration)
IMM-3834-01
2002 FCT 830, Dawson J.
30/7/02
6 pp.
Applicant seeking Ministerial relief in relation to Immigration Act, s. 19(1)(l) June 4, 2000--When no decision made, commenced application for judicial review in nature of mandamus on August 9, 2001--Leave granted April 25, 2002, hearing date set for July 24, 2002--Minister made decision June 21, 2002, communicated decision to applicant on July 17, 2002--Federal Court Immigration Rules, r. 22 prohibiting award of costs unless Court for special reasons so orders--Not sufficient evidence delay in making decision constituting special reasons for awarding costs--No evidence time taken unwarranted, excessive--26-day delay in communicating decision must be taken against backdrop of pending judicial proceedings to compel making of decision--Order granting leave giving applicant right to file further memorandum of argument, and such memorandum prepared in belief no decision made--Such costs thrown away--Delay in communicating decision constituting special reasons for awarding costs in respect of preparation, service of unnecessary further memorandum of argument--Through no fault of counsel, information contained in responding record incorrect--Inaccuracies repeated in Minister's arguments in reply to application for leave--Effect of error to minimize apparent delay--On application for mandamus length of delay relevant because Court looking to whether reasonable time to comply with demand for performance of duty--Practical effect to make it imperative for reply memorandum to be filed, drawing error to attention of Court--Special reasons exist to award costs in respect of preparation, service of reply --Total costs fixed at $1000--Federal Court Immigration Rules, SOR/93-72, R. 22--Immigration Act, R.S.C., 1985, c. I-2, s. 19(1)(l) (as am. by S.C. 1992, c. 49, s. 11).