| Citation: |
Dagg v. canada (Industry), 2010 FCA 316, [2011] 1 F.C.R. D-11 |
A-500-09 |
Practice
Costs
Appeal from Federal Court order (2009 FC 1265) dismissing motion for costs—Appellant’s access to information request to Industry Canada not processed within specified delay—Information Commissioner of Canada (Commissioner) investigating, obtaining new commitment date from Industry Canada, resolving appellant’s complaint—Appellant commencing application for judicial review prior to commitment date—Upon receiving requested records, seeking to dismiss application, obtain costs—Federal Court examining Statham v. Canadian Broadcasting Corp., 2009 FC 1028, [2010] 4 F.C.R. 216, concluding that Commissioner cured deemed Industry Canada refusal when accepting new commitment date—Finding appellant’s application for judicial review premature and as such, awarding no costs—Court in Statham v. Canadian Broadcasting Corporation, 2010 FCA 315 finding that Federal Court erred when interpreting Access to Information Act, R.S.C., 1985, c. A-1 to empower Commissioner to cure deemed refusals by establishing commitment date—Appellant’s application for judicial review therefore not premature when commenced—Act, s. 41 prerequisites met—Appellant entitled to costs—Appeal allowed.
Dagg v. Canada (Industry) (A-500-09, 2010 FCA 316, Dawson J.A., judgment dated September 15, 2010, 10 pp.)