Case information

Civil procedure — Appeals — Federal courts — Jurisdiction — Costs — Evidence — Reasonable apprehension of bias — Remedies — Whether Federal Court of Appeal exceeded jurisdiction by imposing costs, by overriding precedent or by varying courts’ jurisdictions — Whether Federal Court of Appeal erred in law or discretion by treating evidence as inadmissible or irrelevant — Whether recusal properly addressed or matter should have been reassigned to ensure impartial adjudication or to prevent reasonable apprehension of bias — Whether Federal Court Rules governing evidence improperly applied — Whether ministerial communications and related evidence bear on authorization, process, and fairness, and were they properly removed from the record inconsistently with due process, rules or jurisdiction — What relief is appropriate?

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Ms. Kostic was declared a vexatious litigant by the Federal Court and restrictions were imposed on her access to Federal Court. Ms. Kostic filed a Notice of Appeal to the Federal Court of Appeal. A chambers judge of the Federal Court of Appeal issued an order imposing terms on the appeal in part determining the scope of the Appeal Record and ordering Ms. Kostic give security for costs by paying $2,700 into court.