PRACTICE |
Costs |
Mugesera v. Canada (Minister of Citizenship and Immigration)
A-316-01, A-317-01
2004 FCA 157, Décary, J.A.
19/4/04
11 pp.
Under Federal Court Immigration and Refugee Protection Rules, s. 22, no costs awarded to or payable by any party except "for special reasons" in respect of application for judicial review, appeal introduced under Rules--"Special reasons" supporting award of costs--Only issue remaining between parties determination of amount of costs--Award of lump sum in lieu of costs meant to simplify assessment process, reduce cost in relatively simple matters--On occasion award also used to give party costs higher than maximum provided by Tariff when Court determines should be higher-- In seeking appropriate costs award Court must be prudent in exercising discretion if only to prevent parties whose conduct not reprehensible from being ordered to pay costs of unforeseeable quantum--Court should be guided as much as possible by standards established in Tariff B table when awarding global sum in lieu of assessed costs--In this case, counsel did tremendous amount of work--Lump sum of $65,000, covering proceedings at trial, on appeal appropriate --Appelant's counsel gave particularly detailed breakdown appearing entirely reasonable--Awarded lump sum of $80,550 in lieu of costs at trial, on appeal, including fees, disbursements, tax--Federal Court Immigration and Refugee Protection Rules, SOR/2002-232, s. 22--Federal Court Rules (1998), SOR/98-106, Tariff B.