Date: 20010420
Docket: T-1072-98
Neutral Citation: 2001 FCT 360
Ottawa, Ontario, this 20th day of April, 2001
PRESENT: THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE
BETWEEN:
CHARLOTTE HUTCHINSON
Applicant
- and -
HONOURABLE CHRISTINE STEWART
in her capacity as Minister of Environment Canada
Respondent
O'KEEFE J.
[1] This is a motion by the applicant pursuant to Rules 369 and 397(1)(b) of the Federal Court Rules, 1998, SOR/98-106 for an order that my order in this matter be reconsidered by me so as to address the issue of costs.
[2] The Canadian Human Rights Commission also made a motion to be granted leave to intervene in this motion made by the applicant.
[3] There has been an appeal of my order by the respondent.
[4] The motion is opposed by the respondent.
Issue
[5] Should the applicant's motion be granted?
Analysis and Decision
[6] As noted, my order in this matter was appealed by the respondent. The issue now becomes whether I can deal with the matter once an appeal has been filed. Madam Justice Reed in Flexi-Coil Ltd. v. Smith-Roles Ltd. (1985), 4 C.P.R. (3d) 174 (F.C.T.D.) at page 175 stated:
There is, however, an additional and overriding reason for rejecting this motion: the December 6, 1984 order is under appeal. Accordingly, in my view, it would be highly improper for me to attempt to vary that order now, even should I wish to do so.
The motion will be dismissed. The defendant should have its costs of this application in any event of the cause.
As my order has been appealed, I would therefore adopt the reasoning of Madam Justice Reed and dismiss the applicant's motion which was made on the basis of Rule 397(1)(b) of the Federal Court Rules, 1998, supra.
[7] Because of my disposition of the motion, it is not necessary to deal with the motion of the Canadian Human Rights Commission for leave to intervene in the applicant's motion.
[8] There shall be no order as to costs of this motion.
ORDER
[9] IT IS ORDERED that the motion of the applicant is dismissed.
[10] AND IT IS ORDERED that there shall be no order as to costs for this motion.
"John A. O'Keefe"
J.F.C.C.
Ottawa, Ontario
April 20, 2001