Jamal v. Canada (Social Development)
Because the applicant abandoned the judicial review application at the hearing, the Court dismissed the application and, since the respondent was not seeking costs, the Court ordered dismissal without costs.
Source-derived case information.
- Citation
- 2008 FCA 56
- Parties
- Applicant: SHAIROSE JAMAL; Respondent: MINISTER OF SOCIAL DEVELOPMENT
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 12 February 2008
- Procedural Posture
- Judicial Review (application for Judicial Review of Pension Appeal Board Decision) / Hearing; Applicant Abandoned Application
- Outcome
- Application dismissed without costs.
- Legal Topics
- Judicial Review, Abandonment of Proceedings, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SHAIROSE JAMAL
Applicant
MINISTER OF SOCIAL DEVELOPMENT
Respondent
Procedural Posture
Judicial Review (application for Judicial Review of Pension Appeal Board Decision) / Hearing; Applicant Abandoned Application
Legal Issues
- 1 Whether the judicial review application should proceed after abandonment by the applicant
- 2 Whether costs should be awarded
Ratio Decidendi
Because the applicant abandoned the judicial review application at the hearing, the Court dismissed the application and, since the respondent was not seeking costs, the Court ordered dismissal without costs.
Court Disposition
Application dismissed without costs.
Orders
- Application dismissed.
- No costs awarded.
Full Case Text
Judgment text and source record
1 paragraphs
Jamal v. Canada (Social Development) Court (s) Database Federal Court of Appeal Decisions Date 2008-02-12 Neutral citation 2008 FCA 56 File numbers A-186-06 Decision Content Date: 20080212 Docket: A-186-06 Citation: 2008 FCA 56 CORAM: NADON J.A. SEXTON J.A. RYER J.A. BETWEEN: SHAIROSE JAMAL Applicant and MINISTER OF SOCIAL DEVELOPMENT Respondent Heard at Toronto, Ontario, on February 12, 2008. Judgment delivered from the Bench at Toronto, Ontario, on February 12, 2008. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20080212 Docket: A-186-06 Citation: 2008 FCA 56 CORAM: NADON J.A. SEXTON J.A. RYER J.A. BETWEEN: SHAIROSE JAMAL Applicant and MINISTER OF SOCIAL DEVELOPMENT Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on February 12, 2008) NADON J.A. [1] At the commencement of the hearing of this judicial review application counsel for the Applicant informed us that he had received instructions from his client to abandon the application. [2] Accordingly, the application will be dismissed but without costs as counsel for the Respondent advised us that his client was not seeking costs. "M. Nadon" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-186-06 (APPLICATION FOR JUDICIAL REVEW OF THE DECISION OF THE PENSION APPEAL BOARD, DATED MARCH 27, 2006). STYLE OF CAUSE: SHAIROSE JAMAL v. MINISTER OF SOCIAL DEVELOPMENT PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: FEBRUARY 12, 2008 REASONS FOR JUDGMENT OF THE COURT BY: (NADON, SEXTON & RYER J.A.) DELIVERED FROM THE BENCH BY: NADON J.A. APPEARANCES: Anthony Moustacalis FOR THE APPLICANT Jacques-Michel Cyr FOR THE RESPONDENT SOLICITORS OF RECORD: ANTHONY MOUSTACALIS Barrister & Solicitor Toronto, Ontario FOR THE APPLICANT JOHN H. SIMS, Q.C. Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT