PRACTICE |
Costs |
Bow Valley Naturalists Society v. Canada (Minister of Canadian Heritage)
A-642-99
2002 FCA 515, Stinson A.O.
19/12/02
11 pp.
Appellants sought judicial review in Trial Division of Parks Canada's determination that addition of meeting facility to Chateau Lake Louise in Banff National Park will not likely cause significant environmental effects--Application dismissed with costs to respondent--Subsequently, upon application, Trial Division dismissed motion for increased costs--Federal Court of Appeal dismissed appeal against Trial Division decisions--Appellants argued per Federal Court Rules, 1998, rr. 409, 400(3)(h), that public interest in integrity of Banff National Park warranting general reduction of respondent's costs--In Early Recovered Resources Inc. v. Gulf Log Salvage Co-Operative Assn., 2001 FCT 1212; [2001] F.C.J. No. 1666 (T.D.) (QL), Court stated public interest as factor affecting costs perhaps more difficult to apply than others because considered to pervade litigation as whole whereas other factors, such as conduct tending to lengthen proceedings, can occur throughout, but could easily be attributed to portions only of litigation--Factors of r. 400(3) do not necessarily have to weigh in favour of successful litigant receiving award of costs, conduct impeding progress of litigation might result in reduced allowances-- Appellant's case largely based on arguments with no factual foundation and public interest factor weighing against granting appellants relief from costs--Application of r. 400(3) factors against interest of successful litigants would require carefully considered discretion--R. 409 not binding assessment officer to exercise discretion exactly as Court has done and not automatically requiring public interest factor to override all other factors so as to achieve minimum or maximum allowances--Court's allowances tend to weigh in favour of respondent's position relative to r. 400(3) factors, including public interest, but in modest way to account for national public interest asserted by appellants--Accordingly, respondent's bill of costs in Trial Division assessed and allowed at $24,850--Respondent's bill of costs in Federal Court of Appeal assessed and allowed at $3,700--Federal Court Rules, 1998, SOR/98-106, rr. 400(3), 409.