SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: CR139000021200MO
DATE: 20130920

RE: ALAN KIPPAX v. ATTORNEY GENERAL OF CANADA

BEFORE: J. Macdonald J.

COUNSEL:
B. Gotkin and M. Motwani, for the Crown

B. Vanderbeek and D. McAdan, for the Accused

HEARD: August 29, 2013

Ruling Regarding Costs

J. Macdonald, J. (Orally)

[1] I accept that there is jurisdiction to make a costs award to the Attorney General in the circumstances of this case. Nonetheless, it is my view that no costs should be awarded. I have not found that this is forum shopping.

[2] While I do not intend in any way to intrude upon the jurisdiction of the Federal Court of Canada, there are elements that suggest to me for my purposes that Mr. Kippax has been banged about a bit by the Immigration Division in their dealings with him. I can well understand his frustrations, and I can certainly understand his desire to have his liberty.

[3] If I thought that this is forum shopping or an application that is simply an attempt to circumvent due process rather than to seek relief in extreme circumstances, namely, detention, I would award costs.

[4] In the exercise of my discretion, this is not a case for an award of costs. So ordered.

Copies of this transcript bearing photostatic signatures are not certified and have not been paid for. Unless transcripts bear the original signature of Alana Trumpy, IN BLUE PEN, they are not valid, and accordingly, are in direct violation of Ontario Regulations 587/91, Court of Justice Act, January 1, 1990.

Mr. Justice John Macdonald

Date: September 20, 2013