Federal Court Clarifies How Legal Costs Are Calculated After a Judicial Review
- Citation
- 2026 FCA 8
- Decided
- Court file
- A-328-19, A-303-19
- Full judgment
- Read the decision
Case Law Overview
Star Blanket First Nation v. Kawacatoose First Nation, 2026 FCA 8
This case involves the assessment of legal costs following two related judicial review applications that were heard together. The applicant, who lost the judicial reviews, challenged the amount of costs being claimed by the successful respondent, arguing that costs should be reduced because the work was duplicated across two files.
Court Ruling
The Federal Court of Appeal's Assessment Officer largely sided with the successful respondent, confirming that when the Court issues separate cost awards for related files, the winning party is entitled to recover costs for each file, even if the hearings were held jointly. However, the Officer adjusted specific claims, such as reducing printing fees and disallowing costs for a third counsel.
Key Quote from the Court
However, the Court subsequently issued two separate judgments on September 10, 2024, awarding costs to Standing Buffalo in each of the Court files. This action in itself denotes an intention to award two separate sets of costs. If the Court had intended to award only one set of costs, it would have stated so in its ruling... (at para 9)
Expert Takeaways
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Separate Cost Awards Matter If you are involved in multiple, related judicial reviews that are heard together, the Court's wording is crucial. A separate cost award for each file means you can likely recover costs for work done on each, not just a single set for the combined effort.
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Costs for Additional Counsel Require Court Approval You cannot claim costs for a second or third lawyer attending a hearing unless the Court explicitly 'directs' or orders it. Simply having multiple counsel present is not enough to recover their costs.
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Interlocutory Orders Must Specify Costs If you win a preliminary motion during a case but the judge's order is silent on costs, you cannot claim them later. The rule is clear
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Disbursements Must Be Reasonable and Proven Claims for expenses like in-house printing must be reasonable. The Court will reduce excessive per-page rates to align with market standards and will only award what is necessary for the litigation.
There is a deadline on this
That is the window to file an Application for Leave and for Judicial Review at the Federal Court, counted from the day you were notified of the decision. An extension can be requested, but it is granted at the Court's discretion - it is not automatic.
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Disclaimer
The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. For advice specific to your situation, please schedule a consultation with a qualified legal professional.
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Questions people ask after reading a case like this
Does this mean my own case will succeed?
No. Every application is decided on its own record. A reported decision shows how the Federal Court has reasoned about a particular kind of error - it does not predict the result of a different file. What it can tell you is whether the problem in your refusal is the kind of problem the Court has been willing to intervene on.
How long do I have to challenge a refusal?
Under the Immigration and Refugee Protection Act you generally have 15 days to file an Application for Leave and for Judicial Review if the decision was made inside Canada, and 60 days if it was made outside Canada, counted from when you were notified. The Court can extend that period, but an extension is discretionary - it is not automatic.
What actually happens at the Federal Court?
Judicial review has two stages. You file the application and a written record, and a judge decides on paper whether to grant leave - permission for the case to proceed. If leave is granted, there is a hearing. The Court does not re-decide your immigration application; it decides whether the officer's decision was reasonable and procedurally fair. If you succeed, the file is normally sent back to be decided again by a different officer.
Do I have to be in Canada to bring an application?
No. Applicants outside Canada regularly bring judicial review applications, which is why the longer 60-day deadline exists for decisions made abroad. Applicants are not normally required to attend in person.
What happens in the free 15-minute review?
You explain what was refused or delayed and when you were notified. We tell you whether your filing window is still open, which issues in the decision look arguable, and what the realistic options are - including reapplying instead of litigating, where that is the better route. There is no obligation to retain us afterwards.
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Written by
Ali Dadkhah
Ali Dadkhah is a litigator whose practice is dedicated to challenging government decisions at the Federal Court of Canada. He specializes in judicial review, providing a crucial avenue for recourse for individuals and businesses who have faced unfair or unreasonable administrative outcomes. Bilingual legal support in English and Persian (Farsi)