Warman v. Canada (Human Rights Commission)

Warman v. Canada (Human Rights Commission)

The Court ordered that the $5,000 paid into court as cash bail be paid to the applicant to partially satisfy the judgment debt only when the conditions of Winnicki's release imposed by the Federal Court of Appeal have been satisfied and subject to any order of the Federal Court of Appeal dealing with the funds; costs of the motion are awarded to the applicant and to be paid from the recovered money pursuant to Rule 457, but solicitor-and-client costs were denied.

Citation
2007 FC 44
Parties
Applicant, Judgment Creditor: Richard Warman; Commission: Canadian Human Rights Commission; Respondent, Judgment Debtor: Tomasz Winnicki
Court
Federal Court
Jurisdiction
Canada
Judgment Date
16 January 2007
Procedural Posture
Enforcement of Judgment (motion) / Motion Hearing Under Federal Courts Rules (rules 456/457)
Outcome
Motion granted in part: directed payment of $5,000 to applicant conditional on satisfaction of release conditions and subject to Federal Court of Appeal orders; applicant awarded costs under Rule 457 but not solicitor-and-client costs.
Legal Topics
Contempt, Enforcement of Tribunal Orders, Bail/cash Security, Costs
Source Language
English
Administrative Law Human Rights Law Civil Procedure Enforcement of Orders Contempt Enforcement of Tribunal Orders Bail/cash Security Costs

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Parties

Richard Warman

Applicant, Judgment Creditor

Canadian Human Rights Commission

Commission

Tomasz Winnicki

Respondent, Judgment Debtor

Procedural Posture

Enforcement of Judgment (motion) / Motion Hearing Under Federal Courts Rules (rules 456/457)

Legal Issues

  1. 1 Whether cash bail paid into court may be paid to the judgment creditor to satisfy a tribunal order filed as a Federal Court order
  2. 2 Whether payment should be subject to conditions of the appellant's release and any order of the Federal Court of Appeal
  3. 3 Proper award of costs for the motion

Ratio Decidendi

The Court ordered that the $5,000 paid into court as cash bail be paid to the applicant to partially satisfy the judgment debt only when the conditions of Winnicki's release imposed by the Federal Court of Appeal have been satisfied and subject to any order of the Federal Court of Appeal dealing with the funds; costs of the motion are awarded to the applicant and to be paid from the recovered money pursuant to Rule 457, but solicitor-and-client costs were denied.

Court Disposition

Motion granted in part: directed payment of $5,000 to applicant conditional on satisfaction of release conditions and subject to Federal Court of Appeal orders; applicant awarded costs under Rule 457 but not solicitor-and-client costs.

Orders

  • The sum of $5,000.00 paid into court pursuant to paragraph 17(g) of Malone J.A.'s order of September 28, 2006 (File No. A-334-06) be paid to the applicant when the conditions of Winnicki's release imposed by Malone J.A. of the Federal Court of Appeal have been satisfied; this order is subject to any order made by...
  • The applicant shall have his costs of the motion to be paid as provided in Federal Court Rule 457.