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Chan v. Canada ( Minister of Employment and Immigration )

92-T-1825

Rothstein J.

5/8/94

2 pp.

Respondent applying for costs-Special circumstances required for award of costs -- Respondent prepared to consent to application for judicial review from very early date in proceedings, but applicant insisting on fully litigating matter to establish certain regulations applicable to his application for landed immigrant status ultra vires -- Unsuccessful in application -- Applicant cannot force respondent who is willing to consent to continue proceedings and cause respondent to expend time and resources without being accountable for costs of respondent -- Unusual and constituting special circumstances -- Federal Court Immigration Rules, 1993, SOR/93-22, R. 22 -- Federal Court Rules, C.R.C., c. 663, R. 1618 (as enacted by SOR/92-43, s. 19).

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