Balogun v. Canada
Because the respondents did not request costs in their written or oral submissions, the Federal Court judge plainly erred in awarding costs; the appeal is allowed in part to remove the costs provision from the judge's order and no order is made as to the costs of the appeal.
Source-derived case information.
- Citation
- 2005 FCA 350
- Parties
- Appellant: DR. ABDUR-RASHID BALOGUN; Respondent: HER MAJESTY THE QUEEN, MINISTER OF NATIONAL DEFENCE
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 26 October 2005
- Procedural Posture
- Judicial Review / Appeal to the Federal Court of Appeal; Judgment Delivered
- Outcome
- Appeal allowed in part; the words awarding costs to the respondents are struck from the Federal Court order; no order as to costs of the appeal.
- Legal Topics
- Costs Award, Judicial Review Procedure, Appellate Remedy
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DR. ABDUR-RASHID BALOGUN
Appellant
HER MAJESTY THE QUEEN, MINISTER OF NATIONAL DEFENCE
Respondent
Procedural Posture
Judicial Review / Appeal to the Federal Court of Appeal; Judgment Delivered
Legal Issues
- 1 Whether the Federal Court judge erred in awarding costs when the respondents did not request them
- 2 Whether the order should be amended to remove the costs provision
- 3 Whether costs of the appeal should be ordered
Ratio Decidendi
Because the respondents did not request costs in their written or oral submissions, the Federal Court judge plainly erred in awarding costs; the appeal is allowed in part to remove the costs provision from the judge's order and no order is made as to the costs of the appeal.
Court Disposition
Appeal allowed in part; the words awarding costs to the respondents are struck from the Federal Court order; no order as to costs of the appeal.
Orders
- Strike the words "with costs to the respondents" from the judge's Order of September 23, 2004.
- No order as to the costs of this appeal.
Full Case Text
Judgment text and source record
1 paragraphs
Balogun v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2005-10-26 Neutral citation 2005 FCA 350 File numbers A-568-04 Decision Content Date: 20051026 Docket: A-568-04 Citation: 2005 FCA 350 CORAM: NADON J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: DR. ABDUR-RASHID BALOGUN Appellant and HER MAJESTY THE QUEEN MINISTER OF NATIONAL DEFENCE Respondents Heard at Toronto, Ontario, on October 26, 2005. Judgment delivered from the bench at Toronto, Ontario, on October 26, 2005. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20051026 Docket: A-568-04 Citation: 2005 FCA 350 CORAM: NADON J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: DR. ABDUR-RASHID BALOGUN Appellant and HER MAJESTY THE QUEEN MINISTER OF NATIONAL DEFENCE Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench in Toronto, Ontario on October 26, 2005) NADON J.A. [1] In dismissing the appellant's judicial review application, the learned judge of the Federal Court made an award of costs in favour of the respondents. [2] We all agreed that in doing so, the judge plainly erred since the respondents did not, either in their written submissions or in their viva voce submissions before the judge, request that they be granted costs. In these circumstances, we are of the view that the judge should not have made an award of costs. [3] The appellant having abandoned all other grounds of his appeal, the appeal will therefore be allowed, in part, so as to strike the words "with costs to the respondents" from the judge's Order of September 23, 2004. [4] With respect to the costs of this appeal, no order will be made. "Marc Nadon" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-568-04 STYLE OF CAUSE: DR. ABDUR-RASHID BALOGUN Appellant and HER MAJESTY THE QUEEN MINISTER OF NATIONAL DEFENCE Respondents DATE OF HEARING: OCTOBER 26, 2005 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY : (NADON, SEXTON, SHARLOW JJ.A.) DELIVERED FROM THE BENCH BY: NADON JA APPEARANCES: Dr. Adbur-Rashid Balogun Toronto, Ontario FOR THE APPELLANT, ON HIS OWN BEHALF Sonia Barrette FOR THE RESPONDENT SOLICITORS OF RECORD: Dr. Adbur-Rashid Balogun Toronto, Ontario FOR THE APPELLANT, ON HIS OWN BEHALF John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT