Stubicar v. Canada (Prime Minister)
The Federal Court of Appeal concluded that Rule 416 applies to proceedings commenced under the Access to Information Act and there was no basis to interfere with the Federal Court's order that the appellant post security for costs of $5,000; accordingly the appeal was dismissed and costs awarded to the respondents.
Source-derived case information.
- Citation
- 2016 FCA 255
- Parties
- Appellant: Vlasta Stubicar; Respondent: Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 19 October 2016
- Procedural Posture
- Appeal From Federal Court Order Concerning Security for Costs Under the Access to Information Act / Federal Court of Appeal Judgment on Appeal From Federal Court Order Dated August 31, 2015
- Outcome
- Appeal dismissed
- Legal Topics
- Security for Costs, Application of Federal Court Rules, Interpretation of Access to Information Act Provisions, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vlasta Stubicar
Appellant
Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness
Respondent
Procedural Posture
Appeal From Federal Court Order Concerning Security for Costs Under the Access to Information Act / Federal Court of Appeal Judgment on Appeal From Federal Court Order Dated August 31, 2015
Legal Issues
- 1 Whether Rule 416 of the Federal Court Rules applies to proceedings commenced under the Access to Information Act (ss.41,42,44)
- 2 Whether the Federal Court's order requiring the appellant to post security for costs in the amount of $5,000 should be set aside
- 3 Whether ss.45 and 53 of the Access to Information Act exclude Rule 416 from applying to such proceedings
Ratio Decidendi
The Federal Court of Appeal concluded that Rule 416 applies to proceedings commenced under the Access to Information Act and there was no basis to interfere with the Federal Court's order that the appellant post security for costs of $5,000; accordingly the appeal was dismissed and costs awarded to the respondents.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Order requiring the appellant to post security for the respondents' costs in the amount of $5,000 upheld
Full Case Text
Judgment text and source record
1 paragraphs
Stubicar v. Canada (Prime Minister) Court (s) Database Federal Court of Appeal Decisions Date 2016-10-19 Neutral citation 2016 FCA 255 File numbers A-395-15 Decision Content Date: 20161019 Docket: A-395-15 Citation: 2016 FCA 255 CORAM: NADON J.A. TRUDEL J.A. SCOTT J.A. BETWEEN: VLASTA STUBICAR Appellant and DEPUTY PRIME MINISTER and MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondents Heard at Ottawa, Ontario, on October 19, 2016. Judgment delivered from the Bench at Ottawa, Ontario, on October 19, 2016. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20161019 Docket: A-395-15 Citation: 2016 FCA 255 CORAM: NADON J.A. TRUDEL J.A. SCOTT J.A. BETWEEN: VLASTA STUBICAR Appellant and DEPUTY PRIME MINISTER AND MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on October 19, 2016). NADON J.A. [1] We have not been persuaded that there is any basis to interfere with the Federal Court’s order of August 31, 2015 which ordered the appellant to post security for the respondents’ costs in the amount of $5,000. [2] We cannot agree with the appellant’s submission that by reason of the Access to Information Act, R.S.C. 1985, c. A-1 (the Act), and in particular by reason of sections 45 and 53 thereof, that Rule 416 of the Federal Court Rules, SOR/98-106 does not apply to proceedings commenced under sections 41, 42 or 44 of the Act. To the contrary, on our understanding of the provisions at issue, there can be no doubt that Rule 416 applies to proceedings commenced under the Act. [3] The appeal will therefore be dismissed with costs which shall be fixed at $2,000 inclusive of disbursements and taxes. "M Nadon" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Docket: A-395-15 (APPEAL FROM AN ORDER OF THE HONOURABLE MR. JUSTICE ANNIS OF THE FEDERAL COURT DATED AUGUST 31, 2015, DOCKET NO. T-1028-15) STYLE OF CAUSE: VLASTA STUBICAR v. DEPUTY PRIME MINISTER AND MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: October 19, 2016 REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. TRUDEL J.A. SCOTT J.A. DELIVERED FROM THE BENCH BY: NADON J.A. APPEARANCES: Vlasta Stubicar For The Appellant (Self represented) Kirk Shannon For The Respondents SOLICITORS OF RECORD: William F. Pentney Deputy Attorney General of Canada For The Respondents