Date: 20021105
Docket: A-533-01
Neutral citation: 2002 FCA 431
CORAM: LINDEN J.A.
BETWEEN:
LLOYD GRANT WEDOW
Appellant
and
THE SOLICITOR GENERAL OF CANADA,
THE ATTORNEY GENERAL OF CANADA
Respondents
Heard at Calgary, Alberta on November 5, 2002.
Judgment delivered from the Bench at Calgary, Alberta on November 5, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A.
Date: 20021105
Docket: A-533-01
Neutral citation: 2002 FCA 431
NOËL J.A.
SHARLOW J.A.
BETWEEN:
LLOYD GRANT WEDOW
Appellant
and
THE SOLICITOR GENERAL OF CANADA,
THE ATTORNEY GENERAL OF CANADA
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Calgary, Alberta on November 5, 2002.)
LINDEN J.A.
[1] A decision to grant or deny an extension of time is a discretionary one. We note that in the judicial review in the court below, the appellant was successful but the reasons and the order were silent as to costs, although costs were sought. Counsel for the respondent was unable to suggest any persuasive reason why costs should not have been awarded.
[2] In the order on the reconsideration motion, costs were again not alluded to, although they were the basis of the motion.
[3] Having regard to the silence of the Motions Judge on the issue of costs, we are unable to determine whether he turned his mind to that issue. We think it appropriate to return this matter to the Motions Judge so that he may determine whether there were reasons for denying costs in the application for judicial review.
[4] This appeal will be allowed, the order of the Motions Judge will be set aside, an order will be made granting the extension of time and referring the matter back to the Motions Judge for reconsideration in accordance with these reasons. The appellant is entitled to his costs of this appeal and his costs of the motion for reconsideration in the Trial Division.
"A. M. Linden"
J. A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-533-01
STYLE OF CAUSE: LLOYD GRANT WEDOW v. THE SOLICITOR
GENERAL OF CANADA ET AL
PLACE OF HEARING: Calgary, Alberta
DATE OF HEARING: November 5, 2002
REASONS FOR JUDGMENT
Delivered from the Bench: LINDEN, J.A.
DATED: November 5, 2002
APPEARANCES:
Mr. Lloyd Grant Wedow, Litigant in Person FOR THE APPELLANT
Calgary, AB
Mr. Ron Nichwolodoff FOR THE RESPONDENT
Edmonton, AB
SOLICITORS OF RECORD:
Mr. Lloyd Grant Wedow, Litigant in Person FOR THE APPELLANT
Mr. Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada