E. Marshall Green

Following the dismissal of the plaintiffs' $7.5 million action for negligent enforcement of a sign by-law, the successful defendant municipality sought costs on an elevated partial indemnity basis.

The plaintiffs argued for a distributive costs order or no costs, claiming the action was public interest litigation.

The court rejected the public interest argument and declined to make a distributive costs order, but reduced the defendant's fees by 25% to account for time spent on an unsuccessful defence regarding a 1988 by-law.

The court also declined to award elevated costs, finding no reprehensible conduct by the plaintiffs.

Costs were fixed at $275,000 for fees and $79,510.26 for disbursements.

The plaintiffs, who operated mobile sign leasing businesses, sued the City of Mississauga for $7.5 million in damages for negligent enforcement of a 2002 sign bylaw.

They argued their signs were 'grandfathered' and exempt from the new bylaw because the previous bylaw had expired, leaving a period of no regulation.

The court found that while the signs were lawfully erected and grandfathered, the City did not owe a private law duty of care to the plaintiffs.

The City's actions in publicizing and implementing the bylaw were protected policy decisions, and finding a duty of care would expose the City to indeterminate liability.

The action was dismissed.

Following a successful application confirming user in common rights on a subdivision plan, the applicants sought costs of $51,593.86.

The respondent landowners argued the amount was excessive for a one-day hearing.

The respondent municipality also sought costs against the respondent landowners.

The court awarded the applicants $45,000 in partial indemnity costs, finding the claimed amount excessive despite the complexity of the historical real estate issues.

The municipality was awarded $2,500 in costs for its helpful submissions, though its costs were reduced because it remained adverse in interest to the applicants until the morning of the hearing.

Following a prior decision allowing the applicant’s application in full and dismissing the municipality’s counter-application, the court determined the appropriate costs award.

The applicant sought over $55,000 on a full indemnity basis.

Applying Rule 57.01(1) of the Rules of Civil Procedure and the principles governing partial indemnity costs, the court considered the complexity of the issues, extensive affidavit evidence and cross‑examinations, the economic significance of the dispute, and adjustments required for overlapping work, calculation errors, and expert-related disbursements.

The court declined to award full indemnity costs and reduced certain fees and disbursements.

Costs were fixed on a partial indemnity basis in the amount of $38,799.91 payable within 30 days.

The applicant constructed two multi-unit residential buildings and sought to rent each unit to up to seven students.

The City opposed, arguing that renting to more than four students would classify the units as 'boarding, lodging or rooming houses', which were not permitted in the zone, and would violate the Building Code.

The applicant sought declarations that the project was a 'stacked townhouse' and could legally rent to seven occupants per unit.

The court found that the students living together constituted a 'single household unit' and therefore the units were 'dwelling units' rather than boarding houses under both the zoning by-law and the Building Code.

The court granted the applicant's declarations and ordered the City to issue a final occupancy permit without conditions on the number of occupants.