Nadon
J.:
UPON
MOTION,
dated
the
1st
day
of
October,
1997,
on
behalf
of
the
Applicant,
pursuant
to
Rules
344
and
1618
of
the
Federal
Court
Rules,
for:
a)
an
Order
that
the
Respondent
pay
to
the
Applicant
costs
on
a
Solicitor/Client
basis,
or
on
such
other
basis
as
might
be
found
by
the
Court
to
be
reasonable.
AND
UPON
ORAL
APPLICATION
made
October
16,
1997,
on
behalf
of
the
Respondent,
for:
a)
an
Order
that
the
Applicant
pay
to
the
Respondent
costs
on
a
Solicitor/Client
basis,
or
on
such
other
basis
as
might
be
found
by
the
Court
to
be
reasonable.
Order
and
Reasons
for
Order
Rule
1618
of
the
Federal
Court
Rules
states
that:
No
costs
shall
be
payable
in
respect
of
an
application
for
judicial
review
unless
the
Court,
for
special
reasons,
so
orders.
Since
I
have
not
been
persuaded
that
there
are
special
reasons
justifying
the
award
of
costs,
this
motion
shall
be
denied.
On
the
evidence
before
me
it
is
clear
that
the
Respondent’s
defence
or
opposition
to
the
judicial
review
application
was
one
made
in
good
faith.
Further
it
cannot
be
said
that
the
Respondent
took
an
unreasonable
position
in
regard
to
the
issue
raised
in
these
proceedings.
Perhaps
when
the
Respondent,
and
its
counsel,
came
to
the
conclusion
that
the
point
at
issue
ought
to
be
conceded,
the
matter
could
have
been
better
handled
in
terms
of
communicating
that
conclusion
and
the
reasons
for
that
conclusion
to
the
Applicant.
However,
that
is
not,
in
my
view,
a
sufficient
reason
to
allow
costs
against
the
Respondent.
Motion
dismissed.
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