Summary

40717

Richard Hobbs v. Privacy Commissioner of Canada

(Newfoundland & Labrador) (Civil) (By Leave)

Keywords

Civil procedure — Waiver of fees — Applicant making application for waiver of court fees in respect of originating process he intended to have issued in superior court — Superior court judge dismissing fee waiver application without reasons — Whether the rules allowing for court fee waiver adequately protect access to the courts for low income people — Whether the court’s policy in relation to fee waivers should be amended to reduce arbitrary application of the rules —Rules of the Supreme Court, 1986, S.N.L. 1986, C. 42, Sch. D.

Summary

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Applicant Richard Hobbs sought to bring an application for an extension of time to appeal a decision of the respondent Privacy Commissioner of Canada. Before doing so he applied for a waiver of court fees in the Supreme Court of Newfoundland and Labrador, pursuant to Rule 7.19 of the Rules of the Supreme Court, 1986, S.N.L. 1986, C. 42, Sch. D. A judge dismissed the fee waiver application.

The Court of Appeal allowed Mr. Hobbs’ appeal, granted the fee waiver, and ordered the Registrar of the Supreme Court of Newfoundland and Labrador to return any court fees that Mr. Hobbs had paid in respect of the matter.

Lower Court Rulings

August 26, 2022
Supreme Court of Newfoundland and Labrador, General Division

22201G3538
Application for court fee waiver dismissed
February 8, 2023
Court of Appeal of Newfoundland and Labrador

202201H0054, 2023 NLCA 5
Appeal allowed