Appellant
Respondent
- Parties: The appellant was Allen Tehrankari. The respondent was the Attorney General of Canada.
- Subject Matter: The appellant sought a mandamus order requiring the Correctional Service of Canada (CSC) to give him access to information requested under the Privacy Act, 1985. The Federal Court found the appellant’s judicial review application moot and declined to exercise its discretion to hear the application. The Federal Court awarded the respondent costs though the respondent sought no costs. The appellant appealed and moved to file fresh evidence. During a hearing before the appeal court, the panel dismissed the appellant’s motion to admit fresh evidence.
- Ruling: The appeal court partly granted the appeal and set aside the Federal Court’s award of costs, given that the respondent conceded that the Federal Court made a reviewable error in awarding costs when none were sought. Regarding the merits, the appeal court saw no basis to interfere with the portion of the Federal Court’s judgment dismissing the appellant’s judicial review application seeking relief in the nature of mandamus. The appeal court saw no palpable and overriding error in the Federal Court’s conclusion that the CSC’s disclosure of documents to the appellant rendered his application moot.
- Date: The hearing was set on Nov. 28, 2024. The court released its decision on Nov. 29, 2024.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: The appeal court made no order on costs before this court relating to the appeal or the appellant’s motion.
Court
Federal Court of AppealCase Number
A-130-22Practice Area
Privacy lawAmount
$ 0Winner
OtherTrial Start Date
16 June 2022Download documents