Robert W. Cosman

Following the dismissal of the Canadian Public Accountability Board's preliminary motion to quash an application for judicial review, the Certified General Accountants Association of Canada sought its costs.

The court considered the factors under Rule 57.01, noting the complexity and importance of the issues, but found the requested amount of over $70,000 to be excessive for a one-day motion.

Costs were fixed at $35,000 plus disbursements on a partial indemnity scale.

The respondent, Canadian Public Accountability Board (CPAB), brought a motion to quash an application for judicial review initiated by the applicant, Certified General Accountants Association of Canada (CGA-Canada).

CPAB argued that the Divisional Court lacked jurisdiction because CPAB exercises no statutory powers, that CGA-Canada lacked standing, and that declaratory relief would serve no useful purpose.

The court dismissed the motion to quash, finding that despite lacking statutory powers, CPAB operates as a public body with a public mandate to oversee the auditing of public companies, making it subject to judicial review.

The court also found that CGA-Canada had standing and that declaratory relief could serve a useful purpose.