Federal Court Decisions

Date: 19990615

Docket: T-2144-97

BETWEEN:

     THE CANADIAN COUNCIL OF CHRISTIAN CHARITIES

     Applicant

     - and -

     THE MINISTER OF FINANCE

     Respondent

     REASONS FOR ORDER AND ORDER

EVANS J.:

[1]      In considering the award of costs in this matter I have had the benefit of written submissions from counsel for both parties, and I have carefully considered the factors listed in rule 400(3) of the Federal Court Rules, 1998 respecting the exercise of discretion in awarding costs.

[2]      While I granted the application for judicial review, I also found that most of the documents in dispute had been properly withheld from disclosure under the Access to Information Act R.S.C. 1980, c. A-1. However, I also accepted an argument advanced on behalf of the applicant on the interpretation of section 18(d) of the Act, although in the end it did not result in an order for the release of any documents.

[3]      Some of the provisions of the Act in dispute in this case seem not to have been considered in previous litigation, and the issues raised by the applicant were of considerable public interest. Counsel for the applicant conducted himself throughout with the utmost professionalism and provided considerable assistance to the Court.

[4]      For these reasons, I shall make no award of costs to either party, despite the fact that the respondent might be said to have achieved a greater degree of success than the applicant.

OTTAWA, ONTARIO      John M. Evans

June 15, 1999.      J.F.C.C.