Canada ( Security Intelligence Service ) v. Green
A-1438-92
Mahoney J.A.
7/12/93
2 pp.
Appeal from Trial Division order (T-104-92, order dated 22/10/92, not yet reported) awarding respondent costs at $4 000-Respondent seeking injunctive relief in connection with review of fitness for duty -- Suspended with full pay and returned to duty in November 1992 without fitness review done -- Appellant refusing to pay respondent's legal fees -- Respondent applying for judgment with costs to be taxed as between solicitor and client -- No transcript of hearings before Motions Judge -- No reasons for order declaring issues "now moot"[cad 211]Court's discretion over payment of costs, amount and allocation to be exercised judicially -- Incumbent on Court to support award with reasons-Appeal allowed, award of costs set aside, matter remitted to Motions Judge for continuance of hearing.