Art Gallery of Ontario v. Canada ( Cultural Property Export Review Board )
T-1181-92
Rothstein J.
21/11/94
3 pp.
Federal Court Rules, R. 1618 precluding award of costs on application for judicial review unless Court for special reasons so orders -- At trial determining circumstances such that open process with opportunity for cross-examination desirable -- Review Board's refusal to hold oral hearing requested by applicant putting applicant and itself to unnecessary costs -- Practicality, regard for costs of litigation and own interest in restoring applicant's confidence in its decisions should have caused Review Board to acquiesce to applicant's request for oral hearing without necessity for judicial review -- Constituting special reasons justifying award of costs in this case -- Respondents' conduct in narrowing issues, progressing matter, attempting to minimize proceedings going to reducing amount of costs awarded, but not to liability -- Applicant submitting party-party costs including disbursements should be awarded at $7,500 -- Costs fixed at $7,000 -- Federal Court Rules, C.R.C., c. 663, R. 1618 (as enacted by SOR/92-43, s. 19).