Robinson v. Canada
Moreen Makeda Robinson
Law Firm / Organization
Unrepresented
His Majesty the King
Law Firm / Organization
Unrepresented
Auditor General of Canada
Law Firm / Organization
Unrepresented
Receiver General of Canada
Law Firm / Organization
Unrepresented

- Parties: The plaintiff was Moreen Makeda Robinson. The defendants were His Majesty the King, the Auditor General of Canada, and the Receiver General of Canada. 

- Subject Matter: On Aug. 10, 2023, the self-represented plaintiff filed a written motion under r. 369(1) of the Federal Courts Rules, SOR/98-106. She sought a waiver of the $150 filing fee payable under r. 19 and Tariff A relating to a proposed statement of claim. She alleged that she was a person of low income receiving social assistance benefits and that payment of the fee would result in financial strain. On Sept. 7, 2023, Associate Judge John Cotter issued an order that dismissed the motion and concluded that the plaintiff’s evidence failed to meet the requirement for particularized and credible evidence. The plaintiff appealed this order under r. 51(1). 

- Ruling: The court ruled in the defendants’ favour and dismissed the appeal of the associate judge’s order dated Sept. 7, 2023. The court found no error in the associate judge’s application of the law to his consideration of the motion for a fee waiver. The court applied the standard of review set out in Hospira Healthcare Corporation v Kennedy Institute of Rheumatology, 2016 FCA 215 and ultimately saw no basis to intervene or to set aside the order. 

- Date: The hearing was set on Sept. 20, 2023. The court released its decision on Oct. 6, 2023. 

- Venue: This was a federal case before the Federal Court. 

- Amount: The court awarded no costs. 

Federal Court
T-1678-23
General practice
$ 0
Defendant
10 August 2023