The cases to date in which costs have been awarded were certainly extraordinary cases warranting cost sanctions. For example, in Chan v. Minister of Employment and Immigration (1994), 82 F.T.R. 244 the respondent was willing to consent to the judicial review application but the applicant, believing in the strength of his case insisted that the matter be fully litigated to establish that certain regulations application to his application for permanent residency were ultra vires. Accordingly, Mr. Justice Rothstein awarded costs against the applicant.
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