The appellants, the Ontario Human Rights Commission and the complainant, appealed a Divisional Court costs order that awarded $25,000 against them despite their substantial success on the appeal.
The Court of Appeal allowed the appeal, finding the Divisional Court erred in principle by awarding costs against a successful party and by denying costs to the complainant because he was represented by pro bono counsel.
The Court varied the order to award partial indemnity costs to the appellants for both the Divisional Court proceedings and the appeal.
