Federal Court of Appeal Decisions

Date: 20051026

Docket: A-568-04

Citation: 2005 FCA 350

CORAM:         NADON J.A.

SEXTON J.A.

SHARLOW J.A.       

BETWEEN:

DR. ABDUR-RASHID BALOGUN

Appellant

and

HER MAJESTY THE QUEEN

MINISTER OF NATIONAL DEFENCE

Respondents

                                        Heard at Toronto, Ontario, on October 26, 2005.

                   Judgment delivered from the bench at Toronto, Ontario, on October 26, 2005.

REASONS FOR JUDGMENT OF THE COURT BY:                                                   NADON J.A.

Date: 20051026

Docket: A-568-04

Citation: 2005 FCA 350

CORAM:         NADON J.A.

SEXTON J.A.

SHARLOW J.A.       

BETWEEN:

DR. ABDUR-RASHID BALOGUN

Appellant

and

HER MAJESTY THE QUEEN

MINISTER OF NATIONAL DEFENCE

Respondents

                                     REASONS FOR JUDGMENT OF THE COURT

                      (Delivered from the bench in Toronto, Ontario on October 26, 2005)

NADON J.A.              

[1]                In dismissing the appellant's judicial review application, the learned judge of the Federal Court made an award of costs in favour of the respondents.

[2]                We all agreed that in doing so, the judge plainly erred since the respondents did not, either in their written submissions or in their viva voce submissions before the judge, request that

they be granted costs. In these circumstances, we are of the view that the judge should not have made an award of costs.

[3]                The appellant having abandoned all other grounds of his appeal, the appeal will therefore be allowed, in part, so as to strike the words "with costs to the respondents" from the judge's Order of September 23, 2004.

[4]                With respect to the costs of this appeal, no order will be made.              

                                                                                                                                     "Marc Nadon"                      

                                                                                                                                                      J.A.                              

                                                  FEDERAL COURT OF APPEAL

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                           A-568-04

                                                        

STYLE OF CAUSE:               DR. ABDUR-RASHID BALOGUN

Appellant

and       

HER MAJESTY THE QUEEN

MINISTER OF NATIONAL DEFENCE

Respondents     

DATE OF HEARING:                       OCTOBER 26, 2005

PLACE OF HEARING:                     TORONTO, ONTARIO

REASONS FOR JUDGMENT

OF THE COURT BY :                       (NADON, SEXTON, SHARLOW JJ.A.)

DELIVERED FROM THE

BENCH BY:                                        NADON JA

APPEARANCES:

Dr. Adbur-Rashid Balogun

Toronto, Ontario                                   FOR THE APPELLANT, ON HIS OWN BEHALF   

Sonia Barrette                           FOR THE RESPONDENT

SOLICITORS OF RECORD:

Dr. Adbur-Rashid Balogun

Toronto, Ontario                                   FOR THE APPELLANT, ON HIS OWN BEHALF

John H. Sims, Q.C.

Deputy Attorney General of Canada      FOR THE RESPONDENT