Wenham v. Canada (Attorney General)
- Citation
- 2020 FC 591
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Federal Court
- Decision
- 8 May 2020
- Posture
- Class Proceeding / Motion for Costs
- Language
- English
More details
- Court
- Federal Court
- Decision
- 8 May 2020
- Posture
- Class Proceeding / Motion for Costs
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court exercised its discretion and dismissed the applicant's motion for costs under Rule 334.39(1)(a),(b),(c), concluding the applicant was not entitled to costs.
Court disposition
Motion for costs dismissed, without costs.
Orders
- Motion for costs dismissed, without costs.
02
Material facts
Parties
Bruce Wenham
ApplicantAttorney General of Canada
Respondent03
Procedural history
Posture
Class Proceeding / Motion for Costs
04
Questions and positions
Legal issues
Whether the applicant is entitled to costs under Federal Courts Rules Rule 334.39(1)(a),(b),(c)
Party arguments
- Applicant
- Applicant sought an order for costs against the respondent under Rule 334.39(1)(a),(b),(c).
- Respondent
- Respondent opposed the motion, arguing the applicant was not entitled to costs and that the criteria for costs under the rule were not met.
05
Court’s reasoning
Legal principles
- 01
Federal Courts Rules, Rule 334.39(1)
Costs may be awarded under Rule 334.39 only where the statutory criteria are satisfied.
- 02
Federal Court discretionary jurisprudence
The court has discretion to refuse costs even where a costs rule is invoked.
06
Ratio, limits and disposition
Ratio decidendi
The court exercised its discretion and dismissed the applicant's motion for costs under Rule 334.39(1)(a),(b),(c), concluding the applicant was not entitled to costs.
Court disposition
Motion for costs dismissed, without costs.
- Motion for costs dismissed, without costs.
Source and reliance status
Federal Court · 8 May 2020
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Federal Court
Judgment· 8 May 2020
Wenham v. Canada (Attorney General) Court (s) Database Federal Court Decisions Date 2020-05-08 Neutral citation 2020 FC 591 File numbers T-1499-16 Decision Content Date: 20200508 Docket: T-1499-16 Citation: 2020 FC 591 Ottawa, Ontario, May 8, 2020 PRESENT: The Honourable Mr. Justice Phelan
CLASS PROCEEDING BETWEEN:
BRUCE WENHAM Applicant and
ATTORNEY GENERAL OF CANADA Respondent
ORDER (Applicant’s Motion for Costs) UPON MOTION by the Applicant for an Order for costs under Rule 334.39(1)(a),(b),(c) against the Respondent; AND FOR the Reasons issued with this Order; THIS COURT ORDERS that the motion for costs is dismissed, without costs. Blank “Michael L. Phelan” Blank Judge
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