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Subpoenas issued under the Criminal Code for a Firearms Act reference hearing were quashed.
The applicants, the RCMP Registrar of Firearms and a section head, sought to quash subpoenas requiring them to testify at a reference hearing in the Ontario Court of Justice regarding the revocation of firearms registration certificates.
The respondents had obtained the subpoenas under section 698 of the Criminal Code.
The Superior Court of Justice held that a reference under the Firearms Act is not a proceeding to which the Criminal Code applies, as it is more akin to an administrative or civil proceeding.
Consequently, the subpoenas were quashed.
Substantial indemnity costs awarded due to defendants’ reprehensible litigation conduct.
The plaintiff sought costs following the dismissal of motions by the defendants to set aside Mareva and Anton Piller orders and to release frozen funds.
The underlying proceeding involved a large-scale insurance fraud scheme in which insured individuals allegedly submitted claims for therapy services that were never provided, splitting the proceeds with the defendants.
The court found that the defendants had engaged in reprehensible conduct both in their business dealings and throughout the litigation, including failing to comply with court schedules and engaging in unfair procedural tactics.
Applying the factors under s. 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, the court held that the plaintiff was entitled to costs on a substantial indemnity basis.
Costs were fixed at $75,000 in fees plus $11,291.87 in disbursements and taxes.
