Garifalia Milousis

This motion concerns applications for leave to intervene as friends of the court in an appeal involving a municipal transit authority's refusal to post a political advertisement.

The motion judge considered four proposed interveners: Egale Canada, Free Speech Union of Canada, Charter Advocates Canada, and Association for Reformed Political Action.

The court applied the established test for intervention in constitutional cases, which is more relaxed than in non-constitutional matters.

The motion judge granted leave to Egale Canada and Association for Reformed Political Action, finding they had distinct perspectives and real, substantial interests in the subject matter.

The motions by Free Speech Union of Canada and Charter Advocates Canada were dismissed as they failed to demonstrate how their participation would assist the court or provide perspectives distinct from the immediate parties.

This decision addresses the issue of costs following the striking out of the plaintiff's claim.

The plaintiff sought to have his former lawyer personally pay costs or for no costs to be awarded.

The court dismissed the request for personal costs against the lawyer, finding his conduct did not cause unnecessary costs and did not meet the high threshold for such an order.

The court awarded partial indemnity costs to the defendants and imposed terms requiring the plaintiff to pay all outstanding costs orders (including prior ones) before being permitted to amend his claim, failing which the action would be dismissed.