2 total
Advance costs denied; case lacked special circumstances required for public funding of litigation.
The appellant, a bookstore catering to the gay and lesbian community, sought advance costs to fund litigation against Customs regarding the detention of four books and a systemic review of Customs' practices.
The Supreme Court of Canada dismissed the appeal, holding that the case did not meet the strict requirements for an advance costs award established in Okanagan.
The Court found that the four books appeal was too narrow to constitute special circumstances of public importance, and the systemic review was an unnecessary expansion of the litigation.
Crown is not required to pay interest on returned proceeds of lawfully seized property.
The respondents' fish were lawfully seized and sold by the Crown under the Fisheries Act.
After the respondents' convictions were overturned and proceedings stayed, the Crown returned the net proceeds of the sale but refused to pay interest.
The respondents claimed interest based on unjust enrichment, fiduciary duty, and trust.
The Supreme Court of Canada held that the Fisheries Act constitutes a complete code for the return of seized property and does not require the payment of interest.
The claims for unjust enrichment, fiduciary duty, and trust were dismissed.
