BRAD KEMPO Appellant v. ATTORNEY GENERAL, 2003 FCA 156

Date: 20030324 Docket: A-568-02 Neutral citation: 2003 FCA 156 CORAM: DÉCARY J.A. NOËL J.A. SHARLOW J.A. BETWEEN: BRAD KEMPO Appellant and ATTORNEY GENERAL OF CANADA Respondent Heard at Vancouver, British Columbia on March 24, 2003. Judgment delivered from the Bench at Vancouver, British Columbia on March 24, 2003. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20030324 Docket: A-568-02 Neutral citation: 2003 FCA 156 CORAM: DÉCARY J.A. NOËL J.A. SHARLOW J.A.

BETWEEN: BRAD KEMPO Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia on March 24, 2003) SHARLOW J.A. This is an appeal from the order of a Motions Judge denying the appellant's motion for costs in advance of trial.

The appellant is seeking damages against the Crown for tortious interference with contractual and economic relations, and for what he says is a novel cause of action, "cognitive trespass". [2] It appears that the British Columbia courts have ordered costs in advance of trial in cases involving the Crown as a party:

[2] It appears that the British Columbia courts have ordered costs in advance of trial in cases involving the Crown as a party: British Columbia (Minister of Forests) v. Okanagan Indian Band (2001), 2001 BCCA 647 (CanLII) , 95 B.C.L.R. (3d) 273 (C.A.) and Xeni Gwet'in First Nations v. British Columbia , 2002 BCCA 434 (CanLII) , 2002 B.C.C.A. 434. These cases were found to involve exceptional or unique circumstances, and to be cases of great public importance or test cases.

For the purposes of this appeal we are prepared to assume, without deciding, that this Court has the jurisdiction to award costs in advance of trial. [3] Having carefully considered the record before us, and the submissions of the appellant, we are not persuaded that the Motions Judge erred in concluding that this is not a case that warrants an order for costs in advance of trial. [4] This appeal will be dismissed with costs. (Sgd.) "Karen R. Sharlow" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-568-02 STYLE OF CAUSE: Brad Kempo v.

The Attorney General of Canada PLACE OF HEARING: Vancouver DATE OF HEARING: March 24, 2003 REASONS FOR Judgment : DÉCARY, J.A. CONCURRED IN BY: DATED: March 24, 2003 APPEARANCES : Mr. Brad Kempo FOR THE APPELLANT Mr. Glenn Rosenfeld FOR THE RESPONDENT Ms. Keitha Richardson SOLICITORS OF RECORD : Mr. Brad Kempo FOR THE APPELLANT (appearing on his own behalf) Mr. Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada