Nault v. Canada (Public Works and Government Services)
Because the appellant made no representations on costs and was self‑represented without counsel fees, and the respondent bore the expense of preparing the joint book of authorities, the Court concluded there was no basis to amend the lower court's order that each party bear its own costs and therefore declined to...
Source-derived case information.
- Citation
- 2011 FCA 295
- Parties
- Appellant: Jacques Nault; Respondent: The Minister of Public Works and Government Services Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 24 October 2011
- Procedural Posture
- Appeal to the Federal Court of Appeal / Post‑judgment Costs Submissions
- Outcome
- No amendment to the lower court decision; no costs awarded in this appeal; lower court allocation that each party bear its own costs stands.
- Legal Topics
- Costs of Appeal, Self Representation, Procedural Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacques Nault
Appellant
The Minister of Public Works and Government Services Canada
Respondent
Procedural Posture
Appeal to the Federal Court of Appeal / Post‑judgment Costs Submissions
Legal Issues
- 1 Whether to amend the lower court decision on costs
- 2 Whether to award costs in this appeal
Ratio Decidendi
Because the appellant made no representations on costs and was self‑represented without counsel fees, and the respondent bore the expense of preparing the joint book of authorities, the Court concluded there was no basis to amend the lower court's order that each party bear its own costs and therefore declined to award costs in the appeal.
Court Disposition
No amendment to the lower court decision; no costs awarded in this appeal; lower court allocation that each party bear its own costs stands.
Orders
- Each party shall bear its own costs before the Federal Court.
- No costs are awarded in this appeal.
Full Case Text
Judgment text and source record
1 paragraphs
Nault v. Canada (Public Works and Government Services) Court (s) Database Federal Court of Appeal Decisions Date 2011-10-24 Neutral citation 2011 FCA 295 File numbers A-266-10 Decision Content Federal Court of Appeal Cour d’appel fédérale Date: 20111024 Docket: A-266-10 Citation: 2011 FCA 295 [ENGLISH TRANSLATION] CORAM: NADON J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: JACQUES NAULT Appellant and THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA Respondent Heard at Montréal, Quebec, on September 6, 2011. Judgment delivered at Ottawa, Ontario, on October 24, 2011. REASONS FOR JUDGMENT BY: MAINVILLE J.A. CONCURRED IN BY: NADON J.A. TRUDEL J.A. Federal Court of Appeal Cour d’appel fédérale Date: 20111024 Docket: A-266-10 Citation: 2011 FCA 295 CORAM: NADON J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: JACQUES NAULT Appellant and THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA Respondent REASONS FOR JUDGMENT MAINVILLE J.A. [1] In its judgment on this matter on September 22, and the reasons for which bear citation number 2011 FCA 263, the Court invited the parties to send it written representations on costs. Only the respondent responded to the Court’s invitation. [2] The respondent highlights, inter alia, (a) that the appellant represented himself both before the Federal Court and this Court, and that he did not incur counsel fees for the purposes of this dispute, and (b) that in preparing the appeal, the respondent solely took on the preparation and costs of the joint books of authorities for the benefit of both parties. [3] Considering these facts, the lack of representations by the appellant on the matter of costs, and the particular circumstances of this case, there is no need to amend the decision by Gauthier J. that each party had to bear its own costs before the Federal Court. Nor is there a needed to award costs in this appeal. “Robert M. Mainville” J.A. “I agree M. Nadon J.A.” “I agree Johanne Trudel J.A.” FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-266-10 STYLE OF CAUSE: Jacques Nault v. The Minister of Public Works and Government Services Canada PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: September 6, 2011 REASONS FOR JUDGMENT BY: MAINVILLE J.A. CONCURRED IN BY: NADON J.A. TRUDEL J.A. DATED: October 24, 2011 APPEARANCES: Caroline Laverdière FOR THE RESPONDENT SOLICITORS OF RECORD: Myles J. Kirvan Deputy Attorney General of Canada FOR THE RESPONDENT