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
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