ACJ McWatt

The moving party brought a motion for leave to appeal a decision of the Toronto Local Appeal Body.

The Divisional Court granted the motion for leave to appeal and reserved costs, fixed at the agreed amount of $7,500, to the panel hearing the appeal.

The court issued a costs endorsement following a judicial review application.

The parties had previously submitted an agreement on costs, which the court had inadvertently overlooked.

Pursuant to the agreement, the applicant was ordered to pay the respondent $8,000 in costs thrown away, with no costs awarded for the judicial review application itself.

The applicant sought judicial review of a Human Rights Tribunal of Ontario decision refusing to reconsider a default judgment.

The default judgment was issued after the applicant's former counsel failed to respond to Tribunal communications, despite the applicant having previously participated in the proceedings.

The Divisional Court found the Tribunal's reliance on a deeming rule to penalize the applicant for its lawyer's negligence was unreasonable, as it failed to conduct a contextual analysis.

The application was granted, the Tribunal's decisions were quashed, and a new hearing was ordered.

The moving parties sought leave to appeal a decision of the motion judge.

The Divisional Court dismissed the motion, finding that the motion judge was correct in concluding that the statement of claim in the fraudulent conveyance action was not before her at the hearing.

Costs were awarded to the responding parties for a transcript.

The moving party sought leave to appeal a decision of the Agriculture, Food and Rural Affairs Appeal Tribunal.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding parties in the amount of $4,160.

The moving parties sought leave to appeal a decision and costs endorsement of the lower court.

The Divisional Court dismissed the motion for leave to appeal.

Costs of $5,000 for the leave to appeal the costs award and $5,000 for the leave to appeal the judgment were awarded to the responding parties.

The moving party sought leave to appeal the decision of Derstine J. dated April 9, 2025.

The Divisional Court dismissed the motion for leave to appeal and ordered the moving party to pay the responding party $5,000 in all-inclusive costs.