Ladiwala v. Canada ( Minister of Citizenship and Immigration )
IMM-4189-94
Cullen J.
11/10/95
3 pp.
Applicant seeking costs of judicial review application on solicitor and client basis-Federal Court Rule 1618 providing no costs payable in respect of application for judicial review unless Court, for special reasons, so orders-Purpose of R. 1618, in departing from general principle costs should follow event, to assure to person adversely affected by decision of federal decision-maker right to challenge decision in Federal Court without running risk of financial ruin by costs if loses-Costs awarded for special reasons in cases where actions either unfounded or conduct warranting sanction of cost award-Court not accepting suggestion visa office in New Delhi purposely delayed application, made arbitrary policy changes to frustrate applicant-Decision not to process application for permanent residence under new Regulations when requested to do so by counsel for applicant in error, but not every error giving rise to award of costs-Such interpretation would render R. 1618 meaningless-Although application for judicial review allowed, with consent of respondent, costs not awarded-Federal Court Rules, C.R.C., c. 663, R. 1618 (as enacted by SOR/92-43, s. 19).