Elichai Shaffir

The federal government sought costs of $16,235.75 on a partial indemnity scale against the Barbra Schlifer Commemorative Clinic and the City of Toronto following the dismissal of their respective motions for leave to appeal and leave to intervene regarding changes to the firearms registry.

The court declined to award costs against the City of Toronto, noting the usual rule that intervenors are neither granted nor awarded costs and that the City acted in good faith.

The court also declined to award costs against the Clinic, recognizing it as a non-profit organization that advanced a claim in the public interest with a genuine interest in the issues in dispute.

The City of Toronto sought leave to intervene in a motion for leave to appeal a decision refusing an interlocutory injunction regarding the federal firearms registry.

The underlying application by the Barbra Schlifer Commemorative Clinic challenged the constitutionality of legislation eliminating the requirement to register unrestricted firearms.

The court dismissed the City's motion to intervene, finding that the City could not make a useful contribution to the narrow issue of whether leave to appeal should be granted, as no further evidence would be admitted and the applicant could fully argue the relevant issues.

The moving party sought leave to appeal a decision refusing an interlocutory injunction to prevent the federal government from destroying data about unrestricted firearms in the Firearms Registry.

The moving party argued that the destruction of data would disproportionately affect women and endanger their safety, violating sections 7 and 15 of the Charter.

The Divisional Court dismissed the motion, finding no conflicting decisions that applied different principles and no good reason to doubt the correctness of the motion judge's discretionary decision to refuse the injunction.

The applicant filed a request to amend her human rights application to increase the financial remedy and general damages sought.

The respondent opposed the request on the basis that the applicant could have calculated her lost wages earlier, but did not claim any prejudice.

The Tribunal applied the factors for amending complaints and granted the request, noting the absence of prejudice to the respondent and that granting the amendment does not reflect on the likelihood of the remedy being awarded.

The Ontario Review Board ordered an independent psychiatric assessment for an accused and directed the Attorney General to pay the costs.

The Attorney General successfully applied to quash the funding order.

The Board appealed.

The Court of Appeal dismissed the appeal, holding that the Board lacks jurisdiction under Part XX.1 of the Criminal Code to order the Attorney General or any other party to pay for an assessment, and that the Board must bear the costs through its own budget.