Friends of the Island Inc. v. Canada ( Minister of Public Works )
A-255-93
Décary J.A.
13/12/95
3 pp.
Appeal from Motions Judge's order awarding costs in allowing respondent's application for judicial review, without giving reasons for doing so, contrary to requirements of R. 1618 (no costs payable in respect of application for judicial review unless Court, for special reasons, so orders)-Appeal allowed-Purpose of R. 1618 to assure person adversely affected by decision of federal administrative tribunal right to challenge decision without running risk of being ruined by costs if loses (Silk v. Umpire (Unemployment Insurance Act), [1982] 1 F.C. 795 (C.A.)), not to assure applicants they can challenge decisions secure in knowledge they will be awarded costs upon success-Purpose not to replace Federal Government's Court Challenge Program-Nothing in R. 1618 entitling non-profit or public interest groups to receive different treatment on issue of costs than other litigant-Granting of standing to individual or group cannot by itself constitute "special reason" to award costs-Complexity and importance of issue, number of parties and costs incurred in preparation of case not constituting, in and by themselves, regardless of circumstances, "special reasons" required by R. 1618-Federal Court Rules, C.R.C., c. 663, R. 1618 (as enacted by SOR/92-43, s. 19).