[1] This appeal will be allowed. The order of Muldoon J. merely waived the obligation to pay various court fees. It did not impose any obligation upon the Crown as litigant to pay any costs incurred by Mr. Pearson during the course of the litigation. In imposing such an obligation on the Crown in relation to the costs listed in his order, the Motions Judge erred, misinterpreting the order and the later directions of Muldoon J.

[2] The order of the Motions Judge will be quashed.

[3] No costs.

"A. M. Linden"

J.A.

FEDERAL COURT OF CANADA

Names of Counsel and Solicitors of Record

DOCKET: A-76-01

STYLE OF CAUSE: HER MAJESTY THE QUEEN

Appellant

- and -

EDWIN PEARSON

Respondent

DATE OF HEARING: WEDNESDAY, SEPTEMBER 11, 2002

PLACE OF HEARING: TORONTO, ONTARIO

REASONS FOR JUDGMENT

OF THE COURT BY: LINDEN J.A.

DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON WEDNESDAY, SEPTEMBER 11, 2002.

DATED: THURSDAY, SEPTEMBER 12, 2002

APPEARANCES BY: Mr. Jacques Savary

For the Appellant

Mr. Edwin Pearson

For the Respondent, on his own behalf

SOLICITORS OF RECORD:Morris Rosenberg

Deputy Attorney General of Canada

For the Appellant

Edwin Pearson

1285 Ontario Street

Suite 1105

Burlington, Ontario

L7S 1X9

For the Respondent, on his own behalf

FEDERAL COURT OF APPEAL

Date: 20020912

Docket: A-76-01

BETWEEN:

HER MAJESTY THE QUEEN

Appellant

- and -

EDWIN PEARSON

Respondent

REASONS FOR JUDGMENT

OF THE COURT

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Canada v. Pearson, 2002 FCA 324

Citations2002 FCA 324

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2002 FCA 324