PRACTICE |
Costs |
Wilson v. Canada (Attorney General)
A-531-00
2002 FCA 87, Stinson T.O.
28/2/02
3 pp.
Respondent awarded costs of judicial review--Bill of costs presented at $1,607.66--Applicants argued, further to Federal Court Rules, 1998, r. 409 that costs should be reduced to nominal amount because litigation addressed matter of public interest relevant for all Band Councils across Canada, i.e. whether honoraria paid to Councillors earnings for purposes of Unemployment Insurance Regulations, s. 57(1)-- "Nominal" defined as "existing in name only in distinction to real or actual; merely named, stated, or expressed, without reference to reality or fact": The Compact Edition of the Oxford English Dictionary, 1987, Vol. I, at p. 1936; relative to "price or amount", as "trifling, esp. as compared to what would be expected": Black's Law Dictionary, 7th Ed., 1999, at p. 1071--Costs awarded here by judgment not full indemnity, but substantive reflection of principle of partial indemnity captured in tariffs of superior courts of record--R. 409 permitting consideration of factors in r. 400(3), but not authorizing exercise of r. 400(1) discretion--R. 400(1) reserving discretion for nominal costs to Court, but not to assessment officers--Bill of costs assessed, allowed at $1,607.66--Federal Court Rules, 1998, SOR/98-106, rr. 400, 409--Unemployment Insurance Regulations, C.R.C., c. 1576, s. 57(1).