Friends of the Island Inc. v. Canada ( Minister of Public Works )
T-1394-93
Cullen J.
8/12/93
5 pp.
Motion for determination of costs pursuant to R. 1618 -- Issue whether "special reasons" justifying award of cost in departure from general rule costs follow event -- Purpose of "special reasons" rule to assure person adversely affected by federal administrative tribunal decision not ruined by cost award associated with challenging decision (Silk v. Umpire (Unemployment Insurance Act), [1982] 1 F.C. 795 (F.C.A.)) -- Costs awarded for special reasons where: (1) action unfounded or (2) conduct warrants-Public interest advocacy groups, such as applicant, to be treated as every other litigant -- "Special reasons" within meaning of R. 1618 not existing in case at bar as: (1) proceedings raising serious issues including constitutional issues; (2) applicant neither intentionally delaying proceeding nor acting in judicially inappropriate manner -- Accusation applicant impugning Minister's integrity in pleadings unwarranted; applicant's counsel merely fulfilling professional obligation to vigorously pursue client's interest -- No costs awarded -- Federal Court Rule, C.R.C., c. 663, R. 1618 (as enacted by SOR/92-43, s. 19).