Detorakis c. Canada (Commissaire à l'intégrité du secteur public)

Detorakis c. Canada (Commissaire à l'intégrité du secteur public)

The adjudicator found the appellant's interpretation of respondent's alleged consent to withdrawal without costs incorrect, concluded respondent was entitled to costs under the prior order, exercised discretion under Tariff B item 5 to award five units (not the seven requested) for each costs memorandum, resulting...

Source-derived case information.

Citation
2009 CAF 129
Parties
Appellant: John Detorakis; Respondent: Administrator General, Public Sector Integrity Commissioner of Canada; Respondent: Attorney General of Canada
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
24 April 2009
Procedural Posture
Appeal (federal Court of Appeal) / Taxation of Costs Following Withdrawal/desistment
Outcome
Respondent awarded costs; each costs memorandum taxed at $600 and certificates issued for both dockets.
Legal Topics
Taxation of Costs, Withdrawal/desistment, Production of Documents, Federal Courts Rules R.402, Tariff B Item 5
Source Language
fr
Administrative Law Procedural Law Costs Law Public Sector Integrity Taxation of Costs Withdrawal/desistment Production of Documents Federal Courts Rules R.402 +1 more

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Parties

John Detorakis

Appellant

Administrator General, Public Sector Integrity Commissioner of Canada

Respondent

Attorney General of Canada

Respondent

Procedural Posture

Appeal (federal Court of Appeal) / Taxation of Costs Following Withdrawal/desistment

  1. 1 Whether respondent is entitled to costs after appellant's withdrawal/desistment
  2. 2 Proper legal basis for awarding costs (rule 402 vs prior court order)
  3. 3 Appropriate number of units under Tariff B item 5 for contested costs memoranda

Ratio Decidendi

The adjudicator found the appellant's interpretation of respondent's alleged consent to withdrawal without costs incorrect, concluded respondent was entitled to costs under the prior order, exercised discretion under Tariff B item 5 to award five units (not the seven requested) for each costs memorandum, resulting in taxation at $600 per dossier, and issued certificates for $600 for each of A-532-08 and A-534-08.

Court Disposition

Respondent awarded costs; each costs memorandum taxed at $600 and certificates issued for both dockets.

Orders

  • Each costs memorandum taxed at $600 (reduced from $840).
  • Certificate issued for $600 in A-532-08.