Date: 19990714
Docket: T-2765-96
BETWEEN:
ERNST ZÜNDEL
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA, SABINA CITRON, and the
TORONTO MAYOR"S COMMITTEE ON COMMUNITY AND
RACE RELATIONS
Respondents
- and -
THE CANADIAN HUMAN RIGHTS COMMISSION, CANADIAN HOLOCAUST
REMEMBRANCE ASSOCIATION, SIMON WIESENTHAL CENTRE,
CANADIAN JEWISH CONGRESS, and the LEAGUE FOR HUMAN RIGHTS
OF B"NAI BRITH
Intervenors
REASONS FOR ORDER and ORDER
EVANS J.:
[1] At my request the applicant, the respondents and an intervenor, the Canadian Human Rights Commission, made written submissions on the award of costs in this matter following my dismissal of the application for judicial review.
[2] Having considered those submissions, and the factors to be taken into account in the exercise of the discretion over costs conferred by rule 400 of the Federal Court Rules, 1998, I have decided that the parties and the intervenor should bear their own costs.
[3] The fact that the application for judicial review was dismissed would support an award of costs against the applicant. However, the allegation of bias that he raised was by no means frivolous. In addition, the issues of constitutional law and statutory interpretation on which the applicant relied are novel, important and not obvious in their ultimate resolution.
[4] However, there is also ample authority for the proposition that only in the most egregious cases will the court intervene on an application for judicial review before an administrative tribunal, such as the Human Rights Tribunal, has rendered its decision.
[5] For these reasons, I make no award of costs in this matter.
OTTAWA, ONTARIO John M. Evans
July 14, 1999. J.F.C.C.