Gregory Ko

This costs endorsement follows the Law Society of Ontario’s successful motion before the Court of Appeal for Ontario.

The court orders each of the moving parties severally liable for costs of $200, payable to the Law Society of Ontario, on a partial indemnity basis.

The Court of Appeal for Ontario dismissed a motion by 13 respondents to re-open an appeal regarding the Law Society of Ontario’s decision to void their licensing exam results and registrations due to exam integrity breaches.

The court found that the moving parties had not been denied judicial review, that their complaint was about the adequacy of reasons rather than a rare circumstance justifying re-opening, and that the interests of justice did not require reconsideration.

The court held that the Law Society’s actions were consistent with its by-laws and that the moving parties’ arguments had been addressed.

The Law Society of Ontario (LSO) appealed a Divisional Court decision that quashed its administrative decision to void the registrations of 20 licensing candidates implicated in a cheating scandal.

The Divisional Court had found the LSO breached procedural fairness by not holding oral hearings before voiding the registrations.

The Court of Appeal allowed the appeal, finding that the Divisional Court misapplied the Baker factors and conflated the LSO's administrative licensing functions with its disciplinary good character functions.

The Court held that the written process provided by the LSO, which included disclosure and multiple opportunities to respond, satisfied the duty of procedural fairness.

The Court also admitted new evidence and found the Divisional Court breached procedural fairness by making costs orders without allowing submissions.

The plaintiff brought a motion to strike the defendant's statement of defence due to his failure to comply with two prior court orders requiring him to answer undertakings and refusals, and to pay costs.

The self-represented defendant argued the ordered undertakings were overly broad and intrusive, but provided no evidence of inability to pay costs and did not indicate a willingness to comply.

The court found the defendant unwilling to comply with court orders and struck the statement of defence, awarding costs to the plaintiff.

The Plaintiff sought to amend an existing litigation timetable due to COVID-19 disruptions.

The Defendant opposed remote examinations for discovery, argued for incomplete documentary production, and sought to bring a motion for security for costs.

The court ordered the delivery of sworn affidavits of documents, mandated remote examinations for discovery and mediation if requested, and directed that any motion for security for costs be brought after discoveries.

The defendant sought costs after successfully opposing the plaintiff's motion to quash an appeal.

The plaintiff argued that no costs should be awarded because the motion raised a novel jurisdictional question and was brought in good faith.

The court rejected the plaintiff's arguments, finding that the motion was not sufficiently novel to justify departing from the usual rule that costs follow the event.

The court awarded costs to the defendant on a partial indemnity scale in the amount of $8,166.51.

The plaintiff sought substantial indemnity costs of $36,733.95 plus HST and disbursements following a successful motion, relying on offers to settle.

The responding defendant argued the costs were excessive and disproportionate, suggesting $8,000.

The court agreed the motion was complex and important, but found the plaintiff's claimed hours involved extensive duplication.

Emphasizing the overriding principles of proportionality and reasonableness, the court fixed costs at $15,000 plus HST and $2,000 for disbursements.

The plaintiff, a minority shareholder of a corporation, brought a motion to amend his statement of claim and for leave to commence a derivative action on behalf of the corporation against a real estate brokerage for breach of a joint venture agreement.

The brokerage opposed the motion, arguing the amendments constituted a new cause of action outside the limitation period and that the plaintiff did not meet the requirements for a derivative action.

The court granted the motion, finding that the brokerage had notice of the factual matrix underlying the claims within the limitation period, and that the plaintiff satisfied all statutory requirements to bring a derivative action in good faith.

An employee appealed a trial judgment dismissing his claim for unpaid bonuses following termination without cause.

The employment contract contained a limitation clause stating that bonuses did not accrue and were only earned and payable on the designated pay-out date.

The trial judge found the limitation clause unambiguous and enforceable.

The Court of Appeal upheld this decision, finding that the parties had clearly agreed on how and when bonuses would be declared, earned, accrued, and paid.

The court rejected arguments based on unconscionability and public policy, noting that the bonus provisions were freely negotiated.

The appeal was dismissed with costs awarded to the respondent.

The applicant regulatory body brought a motion seeking a finding of contempt against the respondent for breaching a prior court order prohibiting him from representing himself as a chiropractor or performing controlled acts associated with chiropractic practice.

The respondent had previously admitted breaches of the same order in earlier contempt proceedings and agreed to comply with settlement terms requiring immediate cessation of practice and removal of promotional materials.

Evidence including patient files, appointment records, and affidavits from patients established beyond a reasonable doubt that the respondent continued operating a chiropractic practice and using the title “doctor” or “D.C.” in connection with providing health services.

The court found the respondent knowingly and wilfully breached the 2006 order and continued to hold himself out as a chiropractor.

A finding of contempt was entered, with a further hearing to determine penalty and costs.