Cook et al. v. Alberta (Minister of Environmental Protection), (1999) 246 A.R. 193 (QB)

• Judge: Veit, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: April 20, 1999
• Citations: (1999), 246 A.R. 193 (QB)

Cook v. Alta. (1999), 246 A.R. 193 (QB)

MLB headnote and full text

Temp. Cite: [1999] A.R. TBEd. AP.080

Donald Cook and Eva Sarty (applicants) v. Her Majesty the Queen in Right of Alberta (as represented by the Minister of Environmental Protection) (respondent)

(Action No. 9803 12724)

Indexed As: Cook et al. v. Alberta (Minister of Environmental Protection)

Alberta Court of Queen's Bench

Judicial District of Edmonton

Veit, J.

April 27, 1999.

Summary:

The applicants requested to use Crown land for a campground. The Minister of Environ­mental Protection denied their request. The applicants unsuccessfully sought judicial review. They subsequently applied for costs, asserting that they had been vic­tims of bureaucratic and ministerial mis­management.

The Alberta Court of Queen's Bench held that the applicants had not established en­titlement to costs.

Editor's note: for a previous decision in this matter see (1999), 241 A.R. 25.

Administrative Law - Topic 3349

Judicial review - General - Practice - Costs - The Minister of Environmental Protection denied the applicants' request to use Crown land for a campground - The applicants unsuccessfully sought judicial review - They now sought costs, asserting that they had been victims of bureaucratic and ministerial mismanagement - The Alberta Court of Queen's Bench held that the applicants were not entitled to costs - The Minister had not done anything wrong - Had the Minister done something wrong, but been protected from review by some legal technicality, there would be a strong argument in the applicant's favour - How­ever, no such basis was established in the circumstances.

Practice - Topic 7021

Costs - Party and party costs - Entitle­ment to - Successful party - Exceptions - Conduct - [See Administrative Law - Topic 3349 ].

Practice - Topic 7035.1

Costs - Party and party costs - Entitle­ment to - Against the Crown or govern­mental bodies - [See Administrative Law - Topic 3349 ].

Cases Noticed:

Bowerman v. Bidlock et al. (1993), 137 A.R. 388 (Q.B.), refd to. [para. 3].

S.E. v. Law Society of Alberta, [1992] A.J. No. 718; [1992] A.J. No. 838 (C.A.), refd to. [para. 3].

Graham Construction and Engineering (1985) Ltd. v. Alberta (1989), 101 A.R. 209 (Q.B.), refd to. [para. 3].

Rawluk v. Royal Bank of Canada (1991), 119 A.R. 1 (Q.B.), refd to. [para. 3].

Peel Condominium Corp. No. 199 v. Ontario New Home Warranties Plan et al. (1989), 35 O.A.C. 81; 69 O.R.(2d) 438 (Div. Ct.), refd to. [para. 3].

Mini-Mansion Construction Co. v. Agnew (No. 2) (1983), 24 Sask.R. 13 (Q.B.), refd to. [para. 3].

Canada Deposit Insurance Corp. v. Can­adian Commercial Bank (1989), 95 A.R. 1; 64 Alta. L.R.(2d) 322 (Q.B.), refd to. [para. 4].

Spenrath Construction Ltd. v. 206763 Holdings Ltd. (1981), 15 Alta. L.R.(2d) 177 (Q.B.), refd to. [para. 4].

Canadian Deposit Insurance Corp. v. Can­adian Commercial Bank (1987), 76 A.R. 271; 50 Alta. L.R.(2d) 1 (Q.B.), refd to. [para. 4].

Tolko Industries Ltd. v. Big Lakes (Muni­cipal District) et al. (1998), 217 A.R. 369 (Q.B.), dist. [para. 5].

Counsel:

Karen M. Trace, for the applicants;

D.J. Wilson, for the Government of Alberta;

B.K. O'Ferrall, for Sunpine Forest Products Ltd.

This application was heard at Edmonton, Alberta, on April 20, 1999, before Veit, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on April 27, 1999.