David Marshall

This endorsement addresses the costs arising from a successful motion by the Halton Region Conservation Authority (HRCA) to strike an application for certiorari and prohibition brought by Gordon Baron and Lifestyles by Barons Inc. (collectively, "Baron").

Baron had been charged under the Conservation Authorities Act.

HRCA sought costs on a substantial or partial indemnity basis, while Baron proposed a significantly lower partial indemnity amount.

The court awarded HRCA $25,000 on a partial indemnity basis, finding Baron's underlying application meritless and noting inappropriate conduct, though not bad faith, on Baron's part.

The applicants, facing charges under the Conservation Authorities Act, brought an application for certiorari and prohibition after the trial justice recused himself due to a reasonable apprehension of bias.

The Halton Region Conservation Authority brought a motion to strike the application.

The Superior Court of Justice granted the motion to strike, finding that there was no decision left to quash via certiorari following the recusal, and that an order of prohibition was unwarranted as issues of standing and jurisdiction should be dealt with by the trial court.