Mr. Porter

2 total

DT

Plaintiff awarded partial indemnity costs and expert disbursements despite Court Challenges Project funding.

This costs endorsement addresses the plaintiff’s entitlement to costs following a successful motion for exemption from mandatory mediation and related matters.

The court reviews the scale and quantum of costs, the relevance of expert evidence, the impact of funding by the Court Challenges Project, and the apportionment of costs between motions.

The court ultimately awards costs to the plaintiff, finding them reasonable and incidental to the proceeding.

Toussaint v. Attorney General of Canada, 2025 ONSC 2709

Executive Director of the Social Rights Advocacy Centre · human rights advocacy · Retained by Applicant

MD

Ms. Daigle

2 cases2016–2016

DT

David A. Tompkins

In Private Practice19 cases2000–2021

DR

David S. Rose

OCJ145 cases2014–2026

OCJMay 13, 2016

The court upheld a conviction for making an unsafe left turn, rejecting a formulaic definition of gross speed for oncoming vehicles.

The appellant appealed her conviction for making a turn not in safety under section 142(1) of the Highway Traffic Act.

The appellant argued that the trial court failed to properly consider evidence that the oncoming vehicle was travelling at an unreasonable speed, that the court erred in law by not applying a proportionality test for "gross speed," and that the court failed to fairly adjudicate the matter.

The appeal court dismissed the appeal, finding that the trial court properly applied the law regarding the duty of a turning driver to ensure a safe turn, that the "gross speed" standard is fact-specific rather than formulaic, and that the trial court's credibility findings were entitled to deference.