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Cabinet officials

Federal Court of Canada Awards Costs to Respondent in Immigration Proceedings

Strategic Insights

— 2 min read

The Federal Court of Canada has issued a decision regarding the award of costs in an immigration proceeding, with Judge Ann Marie McDonald ruling in favor of the respondent, Shiyuan Shen. The case, IMM-11973-23, involved a lengthy and complex procedure, with the respondent ultimately prevailing against the Minister of Citizenship and Immigration. The judge found that the Minister's conduct had caused significant delay and constituted an abuse of process, warranting an award of costs against the government. The decision highlights the importance of the "special reasons" provision in the Federal Courts Citizenship, Immigration and Refugee Protection Rules, which allows for costs to be awarded in immigration proceedings in exceptional circumstances.

Key Takeaways:

  • The Federal Court of Canada has found that the Minister of Citizenship and Immigration's conduct in the case of IMM-11973-23 constituted an abuse of process and caused significant delay, warranting an award of costs against the government.
  • The judge exercised discretion and awarded the respondent costs in the all-inclusive amount of $5,500.00, which represents roughly 25% of the costs claimed under column V of Tariff B.
  • The award of costs was based on the "special reasons" provision in the Federal Courts Citizenship, Immigration and Refugee Protection Rules, which allows for costs to be awarded in immigration proceedings in exceptional circumstances.
  • The decision highlights the importance of considering the complexity of the issues, the procedural history of the case, and the conduct of the parties in determining the appropriate scale or quantum of costs.
  • The respondent's counsel argued for solicitor-client or substantial indemnity costs, but the judge ultimately awarded party-and-party costs under column V of Tariff B.

Statistics:

  • The respondent claimed costs in the total amount of $56,508.13, including $4,353.69 for disbursements.
  • The respondent alternatively sought costs under column V of Tariff B in the amount of $21,148.46, including disbursements.
  • The judge awarded the respondent costs in the all-inclusive amount of $5,500.00, which represents roughly 25% of the costs claimed under column V of Tariff B.

Sources:

  • Canada (Citizenship and Immigration) v Shen, 2025 FC 756
  • Ndungu v Canada (Citizenship and Immigration), 2011 FCA 208
  • Philip Morris Products SA v Marlboro Canada Limited, 2015 FCA 9
  • Catalyst Pharmaceuticals, Inc v Canada (Attorney General), 2022 FC 1669
  • Nova Chemicals Corporation v Dow Chemical Company, 2017 FCA 25
  • Allergan Inc v Sandoz Canada Inc, 2021 FC 186
  • Jahazi v Canada (Citizenship and Immigration), 2024 FC 2072

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