Democracy Watch v. Conflict of Interest and Ethics Commissioner
The application to strike did not meet the high threshold required to dismiss the judicial review application on a preliminary basis, and there was no basis to award increased costs; costs were ordered at the mid range of Column III.
Source-derived case information.
- Citation
- 2008 FCA 210
- Parties
- Applicant: Democracy Watch; Respondent: Conflict of Interest and Ethics Commissioner
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 12 June 2008
- Procedural Posture
- Judicial Review Application / Preliminary Motion to Strike Dealt With in Writing
- Outcome
- Application to strike dismissed; request for increased costs denied; costs awarded to respondent at mid range of Column III.
- Legal Topics
- Judicial Review, Application to Strike, Costs, Ethics Oversight
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Democracy Watch
Applicant
Conflict of Interest and Ethics Commissioner
Respondent
Procedural Posture
Judicial Review Application / Preliminary Motion to Strike Dealt With in Writing
Legal Issues
- 1 Whether the application to strike met the high threshold required to dismiss a judicial review application on a preliminary basis
- 2 Whether the respondent was entitled to an increased award of costs
Ratio Decidendi
The application to strike did not meet the high threshold required to dismiss the judicial review application on a preliminary basis, and there was no basis to award increased costs; costs were ordered at the mid range of Column III.
Court Disposition
Application to strike dismissed; request for increased costs denied; costs awarded to respondent at mid range of Column III.
Orders
- Application to strike dismissed
- No increased award of costs
Full Case Text
Judgment text and source record
1 paragraphs
Democracy Watch v. Conflict of Interest and Ethics Commissioner Court (s) Database Federal Court of Appeal Decisions Date 2008-06-12 Neutral citation 2008 FCA 210 File numbers A-174-08 Decision Content Date: 20080612 Docket: A-174-08 Citation: 2008 FCA 210 Present: NOËL J.A. BETWEEN: DEMOCRACY WATCH Applicant and CONFLICT OF INTEREST AND ETHICS COMMISSIONER Respondent Dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on June 12, 2008. REASONS FOR ORDER BY: NOËL J.A. Date: 20080612 Docket: A-174-08 Citation: 2008 FCA 210 Present: NOËL J.A. BETWEEN: DEMOCRACY WATCH Applicant and CONFLICT OF INTEREST AND ETHICS COMMISSIONER Respondent REASONS FOR ORDER NOËL J.A. [1] The application to strike does not meet the high threshold required to dismiss an application for judicial review on a preliminary basis. [2] The respondent seeks an increased award of costs. I see no basis for such an award. Costs will be calculated at the mid range of Column III. “Marc Noël” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-174-08 STYLE OF CAUSE: DEMOCRACY WATCH and CONFLICT OF INTEREST AND ETHICS COMMISSIONER MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER BY: NOËL J.A. DATED: June 12, 2008 WRITTEN REPRESENTATIONS BY: Yavar Hameed (LSUC #44763A) FOR THE APPLICANT Nancy Bélanger FOR THE RESPONDENT SOLICITORS OF RECORD: Hameed Farrokhzad St-Pierre Ottawa, Ontario FOR THE APPLICANT Office of the Conflict of Interest and Ethics Commissioner Ottawa, Ontario FOR THE RESPONDENT