Stevens v. Canada ( Prime Minister )
T-2419-93
Rothstein J.
2/4/97
5 pp.
Access to information-Application for costs of interlocutory motion under Access to Information Act, s. 53 after unsuccessful access application-No important new principle within Act, s. 53(2) with respect to whether solicitors' accounts subject to solicitor-client privilege-Privilege and waiver principles arising herein do not qualify as important new principles in relation to Act-Even issue of whether basis for excluding solicitors' accounts or portions of them from privileged categorization not raising important new principle: principle exemptions under Act to be construed narrowly not new-With respect to exercise of discretion by Court under Act, s. 23, no important new principle raised in relation to Act-No basis for award under Act, s. 53(1)-While case indeed complex, complexity not favouring applicant as opposed to respondent: both parties had to contend with complex issues-Amelioration of hardship not relevant consideration in award of costs under Access to Information Act-While ambiguity of respondent's position regarding identity of client in solicitor-client relationship herein may well have contributed to length of hearing and work to which applicant's counsel were put, consideration not justifying discretionary award of costs to unsuccessful party-Access to Information Act, R.S.C., 1985, c. A-1, s. 53.