Tursunbayev v. Canada (Public Safety and Emergency Preparedness)

Tursunbayev v. Canada (Public Safety and Emergency Preparedness)

The court awarded costs for the aborted stay motion because defendants unjustifiably resisted consent for years and then capitulated without explanation; however the court refused to reopen prior final orders where costs were not requested (functus), and quantified the stay motion costs under Column V of the Tariff given complexity, international expert expense and defendants' conduct, awarding $203,082.40 payable forthwith.

Citation
2019 FC 457
Parties
Plaintiff/applicant: Rustem Tursunbayev; Defendant/respondent: Daniel Bérubé; Defendant/respondent: Steven Bean; Defendant/respondent: Russell Gregory; Defendant/respondent: Shari Fidlin; Defendant/respondent: Andrej Rustja; Defendant/respondent: Mark Bond; Defendant/respondent: Roch Côté; Defendant/respondent: Canada Border Services Agency; Defendant/respondent: Her Majesty the Queen in Right of Canada as represented by the Minister of Justice; Defendant/respondent: Minister of Public Safety and Emergency Preparedness; Defendant/respondent: Minister of Citizenship and Immigration; Defendant/respondent: Minister of Foreign Affairs
Court
Federal Court
Jurisdiction
Canada
Judgment Date
12 April 2019
Procedural Posture
Immigration Related Action and Judicial Review Converted to Action / Costs Motion Following Stay Motion; Order and Reasons (decision on Costs)
Outcome
Plaintiff's request for costs for motions other than the October 2013 stay motion denied; Plaintiff awarded costs for the stay motion and for the present costs motion; costs payable forthwith and in any event of the cause.
Legal Topics
Abuse of Process, Extradition Vs Deportation, Admissibility Proceedings, Costs and Tariff Assessment, Disclosure and Expert Evidence
Source Language
English
Immigration Law Administrative Law Procedural Law International Law Abuse of Process Extradition Vs Deportation Admissibility Proceedings Costs and Tariff Assessment +1 more

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Parties

Rustem Tursunbayev

Plaintiff/applicant

Daniel Bérubé

Defendant/respondent

Steven Bean

Defendant/respondent

Russell Gregory

Defendant/respondent

Shari Fidlin

Defendant/respondent

Andrej Rustja

Defendant/respondent

Mark Bond

Defendant/respondent

Roch Côté

Defendant/respondent

Canada Border Services Agency

Defendant/respondent

Her Majesty the Queen in Right of Canada as represented by the Minister of Justice

Defendant/respondent

Minister of Public Safety and Emergency Preparedness

Defendant/respondent

Minister of Citizenship and Immigration

Defendant/respondent

Minister of Foreign Affairs

Defendant/respondent

Procedural Posture

Immigration Related Action and Judicial Review Converted to Action / Costs Motion Following Stay Motion; Order and Reasons (decision on Costs)

Legal Issues

  1. 1 Whether costs should be awarded for a stay motion that defendants ultimately consented to after years of contesting
  2. 2 Whether the court can award costs for prior motions not originally claimed at the time (functus and fairness issues)
  3. 3 Appropriate quantum and tariff column for costs given complexity and international expert evidence

Ratio Decidendi

The court awarded costs for the aborted stay motion because defendants unjustifiably resisted consent for years and then capitulated without explanation; however the court refused to reopen prior final orders where costs were not requested (functus), and quantified the stay motion costs under Column V of the Tariff given complexity, international expert expense and defendants' conduct, awarding $203,082.40 payable forthwith.

Court Disposition

Plaintiff's request for costs for motions other than the October 2013 stay motion denied; Plaintiff awarded costs for the stay motion and for the present costs motion; costs payable forthwith and in any event of the cause.

Orders

  • Plaintiff’s request for costs for motions other than his stay motion of October 2013 are denied
  • The Defendants shall pay the Plaintiff’s costs of the motion to stay the admissibility proceedings against him pending the disposition of the underlying action in the amount of $203,082.40 as set out in Section E of the draft Bill of Costs submitted with his motion