Date: 19980512

     Docket: A-114-98

C O R A M:      STRAYER J.A.

        

        

B E T W E E N:

     RUSSELL DEIGAN

     Applicant

     " and "

     ATTORNEY GENERAL OF CANADA

     Respondent

     REASONS FOR ORDER

STRAYER J.A.

[1]      In his notice of motion of April 14, 1998 the applicant sought an order that Human Resources Development Canada be ordered to pay the costs of a transcript of the Umpire hearing, an order extending the time for filing his application record until after the applicant receives the transcript, and an order requiring Industry Canada to reimburse the appellant for the costs of preparing the application record. By a letter of April 28, 1998, received by the Court on April 30, 1998 he purported to amend the notice of motion by changing the second form of relief requested to an order that would permit him to file, after receipt of the transcript, a supplementary application record and affidavit (he having filed his application record in the meantime). The respondent appears to accept this as a proper amendment in her written representation and I will regard it as such.

[2]      The application must be dismissed. With respect to the first order requested, there is no legal basis for ordering what I assume to be the opposite party in interest in this case to pay for a transcript in support of the applicant"s case. Some relief might be obtained by an order for costs made upon the disposition of the application for judicial review, if Human Resources Development Canada is indeed regarded as the real respondent in this case, a matter which I need not decide. Further, the applicant has established no basis in fact as to the existence of any record of the hearing before the Umpire (whose proceedings are not normally recorded), nor has he adequately demonstrated any need for the transcript.

[3]      As there will be no order with respect to the production of a transcript, there is no basis for allowing extra time for the filing of a supplementary memorandum or affidavit.

[4]      With respect to an order against Industry Canada to pay for the costs of the applicant"s application record, the question of costs will have to be addressed at the end of the judicial review application. Suffice it to say that at that time any possible costs that might be ordered could only be ordered against one of the parties to the proceeding.

[5]      For these reasons the motion will be dismissed.

     (s) "B.L. Strayer"

                                         J.A.