Ross v. Warden of Bowden Institution #3

Ross v. Warden of Bowden Institution #3

Because the applicant provided no relevant representations and authorities support awarding costs despite the applicant's custodial status, the Assessment Officer allowed the respondents' bill of costs in full in the amount of $1,320.00.

Citation
2004 FC 1067
Parties
Respondent (applicant): Arthur Ross; Applicants (respondents): The Warden of Bowden Institution # 3; Applicants (respondents): The Commissioner of Corrections Canada; Applicants (respondents): The Privacy Commissioner
Court
Federal Court
Jurisdiction
Canada
Judgment Date
5 August 2004
Procedural Posture
Judicial Review / Assessment of Costs
Outcome
Respondents' bill of costs allowed in full.
Legal Topics
Assessment of Costs, Judicial Review, Striking Proceedings, Ability to Pay, Costs Orders, Appeal Dismissed
Source Language
English
Administrative Law Procedural Law Privacy Law Corrections Law Costs Law Assessment of Costs Judicial Review Striking Proceedings +3 more

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Parties

Arthur Ross

Respondent (applicant)

The Warden of Bowden Institution # 3

Applicants (respondents)

The Commissioner of Corrections Canada

Applicants (respondents)

The Privacy Commissioner

Applicants (respondents)

Procedural Posture

Judicial Review / Assessment of Costs

Legal Issues

  1. 1 Whether an order striking a proceeding with costs includes costs of the proceeding to date including the application to strike
  2. 2 Whether the applicant's financial ability to pay or difficulty of collection are relevant factors in awarding costs against a federal inmate
  3. 3 Whether derogatory or disrespectful submissions by the applicant should be disregarded in the costs assessment

Ratio Decidendi

Because the applicant provided no relevant representations and authorities support awarding costs despite the applicant's custodial status, the Assessment Officer allowed the respondents' bill of costs in full in the amount of $1,320.00.

Court Disposition

Respondents' bill of costs allowed in full.

Orders

  • Allow Respondents' bill of costs in the amount of $1,320.00.
  • The Applicant's application for judicial review was struck with costs in favour of the Respondents (as recorded in earlier orders).