Akinsola v. Canada ( Minister of Citizenship and Immigration )
IMM-4592-97
Muldoon J.
17/12/97
5 pp.
During teleconference McGillis J. granting urgent application for stay of execution of removal order against applicant, Convention refugee, and ordering applicant's counsel, personally to pay forthwith $200 to respondent-When hearing resumed, Reed J. denied stay, awarding no costs-Applicant (nominally) moving Court under R. 324 to set aside McGillis' order pursuant to R. 348(2), and to stay order pending disposition of motion on grounds counsel contacted two days prior to hearing on emergency basis, acted immediately to protect interests of client who had no file, little information; neither incompetent nor acting in bad faith; where counsel personally made to pay costs for any reason, in interests of justice to have proper hearing with supporting documentation as foundation for just decision-As McGillis J.'s order not ex parte, only hope of setting it aside residing in R. 348-R. 348(1)(b) permitting Court to order attorney or solicitor responsible for costs incurred improperly or wasted by misconduct or default, to repay client costs client ordered to pay through proceedings-R. 348(2) prohibiting such order against attorney or solicitor unless given reasonable opportunity to appear before Court to show cause why order should not be made-Purpose of R. 348(2) to save judge from making heated, possibly intemperate ruling, and to avoid unseemliness of Court taxing officer of Court with personally payable costs without appropriate deliberation by giving impugned counsel opportunity to show cause why ought not to be so taxed-No indication how much, if any, cooling off and/or preparation time accorded in teleconference, but reasons stating respondent's counsel raising matter of costs, McGillis J. considering submissions of both counsel-If no relief, remedy available under R. 348(2), another Trial Division Judge cannot set aside order for costs-R. 348 requirements not literally met-McGillis J. ordering lawyer personally, not applicant, to pay costs-R. 348(1)(b) not covering order pronounced by McGillis J.-If R. 348(1) cannot be invoked, then R. 348(2) cannot be invoked for its operation depending on invocation of "this rule" meaning R. 348(1)-Motion to set aside order awarding costs dismissed-Federal Court Rules, C.R.C., c. 663, R. 348.