Wedow v. Canada (Solicitor General)
Court headnote
Wedow v. Canada (Solicitor General) Court (s) Database Federal Court of Appeal Decisions Date 2002-11-05 Neutral citation 2002 FCA 431 File numbers A-533-01 Decision Content Date: 20021105 Docket: A-533-01 Neutral citation: 2002 FCA 431 CORAM: LINDEN J.A. NOËL J.A. SHARLOW J.A. BETWEEN: LLOYD GRANT WEDOW Appellant and THE SOLICITOR GENERAL OF CANADA, THE ATTORNEY GENERAL OF CANADA Respondents Heard at Calgary, Alberta on November 5, 2002. Judgment delivered from the Bench at Calgary, Alberta on November 5, 2002. REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A. Date: 20021105 Docket: A-533-01 Neutral citation: 2002 FCA 431 CORAM: LINDEN J.A. NOËL J.A. SHARLOW J.A. BETWEEN: LLOYD GRANT WEDOW Appellant and THE SOLICITOR GENERAL OF CANADA, THE ATTORNEY GENERAL OF CANADA Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Calgary, Alberta on November 5, 2002.) LINDEN J.A. [1] A decision to grant or deny an extension of time is a discretionary one. We note that in the judicial review in the court below, the appellant was successful but the reasons and the order were silent as to costs, although costs were sought. Counsel for the respondent was unable to suggest any persuasive reason why costs should not have been awarded. [2] In the order on the reconsideration motion, costs were again not alluded to, although they were the basis of the motion. [3] Having regard to the silence of the Motions Judge on the issue of costs, we are unable to determine whether he …
Read full judgment
Wedow v. Canada (Solicitor General) Court (s) Database Federal Court of Appeal Decisions Date 2002-11-05 Neutral citation 2002 FCA 431 File numbers A-533-01 Decision Content Date: 20021105 Docket: A-533-01 Neutral citation: 2002 FCA 431 CORAM: LINDEN J.A. NOËL J.A. SHARLOW J.A. BETWEEN: LLOYD GRANT WEDOW Appellant and THE SOLICITOR GENERAL OF CANADA, THE ATTORNEY GENERAL OF CANADA Respondents Heard at Calgary, Alberta on November 5, 2002. Judgment delivered from the Bench at Calgary, Alberta on November 5, 2002. REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A. Date: 20021105 Docket: A-533-01 Neutral citation: 2002 FCA 431 CORAM: LINDEN J.A. NOËL J.A. SHARLOW J.A. BETWEEN: LLOYD GRANT WEDOW Appellant and THE SOLICITOR GENERAL OF CANADA, THE ATTORNEY GENERAL OF CANADA Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Calgary, Alberta on November 5, 2002.) LINDEN J.A. [1] A decision to grant or deny an extension of time is a discretionary one. We note that in the judicial review in the court below, the appellant was successful but the reasons and the order were silent as to costs, although costs were sought. Counsel for the respondent was unable to suggest any persuasive reason why costs should not have been awarded. [2] In the order on the reconsideration motion, costs were again not alluded to, although they were the basis of the motion. [3] Having regard to the silence of the Motions Judge on the issue of costs, we are unable to determine whether he turned his mind to that issue. We think it appropriate to return this matter to the Motions Judge so that he may determine whether there were reasons for denying costs in the application for judicial review. [4] This appeal will be allowed, the order of the Motions Judge will be set aside, an order will be made granting the extension of time and referring the matter back to the Motions Judge for reconsideration in accordance with these reasons. The appellant is entitled to his costs of this appeal and his costs of the motion for reconsideration in the Trial Division. "A. M. Linden" J. A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-533-01 STYLE OF CAUSE: LLOYD GRANT WEDOW v. THE SOLICITOR GENERAL OF CANADA ET AL PLACE OF HEARING: Calgary, Alberta DATE OF HEARING: November 5, 2002 REASONS FOR JUDGMENT Delivered from the Bench: LINDEN, J.A. DATED: November 5, 2002 APPEARANCES: Mr. Lloyd Grant Wedow, Litigant in Person FOR THE APPELLANT Calgary, AB Mr. Ron Nichwolodoff FOR THE RESPONDENT Edmonton, AB SOLICITORS OF RECORD: Mr. Lloyd Grant Wedow, Litigant in Person FOR THE APPELLANT Mr. Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada
Source: decisions.fca-caf.gc.ca