Richards v. Minister of National Revenue, 2005 FC 24

• Judge: Harrington, J.
• Court: Federal Court (Canada)
• Case Date: January 12, 2005
• Jurisdiction: Canada (Federal)
• Citations: 2005 FC 24;(2005), 268 F.T.R. 29 (FC)

Richards v. MNR (2005), 268 F.T.R. 29 (FC)

MLB headnote and full text

Temp. Cite: [2005] F.T.R. TBEd. JA.038

Robert J. Richards and Sandra L. Richards (applicants) v. The Minister of National Revenue (respondent)

(T-636-02; 2005 FC 24)

Indexed As: Richards v. Minister of National Revenue

Federal Court

Harrington, J.

January 12, 2005.

Summary:

The Richards brought an unsuccessful judicial review application respecting access to information under the Privacy Act ([2003] F.T.R. Uned. 952). The order was silent on costs, but s. 52(1) of the Privacy Act provided, in part, that costs "shall follow the event unless the court orders otherwise". An Assessment Officer refused to award costs to the Minister, finding that s. 52(1) did not affect the court's jurisdiction respecting costs. The Minister sought judicial review.

The Federal Court allowed the motion. Section 52(1) was a default provision entitling the successful party to costs absent an order otherwise. Where the order was silent on costs, it was deemed to have included an order for costs.

Crown - Topic 7285

Examination of public documents - Freedom of information - Practice - Costs - The Richards commenced judicial review proceedings under the Privacy Act after they were denied access to information - The application was dismissed - The order was silent on the issue of costs - Section 52(1) of the Act provided, in part, that costs "shall follow the event unless the court orders otherwise" - The Federal Court held that s. 52(1) was a default provision entitling the successful party to costs unless the court ordered otherwise - Where the order was silent on costs, it was deemed to include an order for costs - Accordingly, the Minister was entitled to costs.

Cases Noticed:

Bellemare v. Canada (Attorney General) (2004), 327 N.R. 179; 2004 FCA 231, refd to. [para. 10].

Statutes Noticed:

Federal Courts Rules, rule 400 [para. 12].

Privacy Act, R.S.C. 1985, c. P-21, sect. 52 [para. 4].

Authors and Works Noticed:

Orkin, Mark M., The Law of Costs (2nd Ed.) (1998 Looseleaf Supp.), para. 105.7 [para. 8].

Counsel:

Robert J. Richards and Sandra L. Richards, on their own behalf;

John J. Ashley, for the respondent.

Solicitors of Record:

Morris Rosenberg, Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This motion was dealt with in writing by Harrington, J., of the Federal Court, who delivered the following judgment on January 12, 2005.