3 total
Court fixes global costs after mixed conduct and partial litigation success.
Following a successful wrongful dismissal judgment of approximately $175,000, the plaintiff sought costs exceeding $136,000 plus disbursements and additional amounts for defending a counterclaim.
The defendant argued for a substantially lower costs award and sought its own costs for a post‑judgment attendance.
Applying Rule 57.01 of the Rules of Civil Procedure and relevant jurisprudence on costs principles, the court assessed the result of the litigation, the reasonableness of counsel’s time and rates, the complexity of the case, and the parties’ conduct.
The court noted the plaintiff succeeded overall but failed on several issues and had been found to have lied during the proceedings, while the defendant withdrew a counterclaim at the start of trial.
Balancing these factors, the court fixed costs at a global amount inclusive of HST and disbursements.
Disability benefits deducted from wrongful dismissal damages; plaintiff ordered to produce dockets for costs assessment.
Following a trial where the plaintiff was awarded 12 months' salary for wrongful dismissal, the court held a further hearing to determine two issues.
First, the court ruled that the plaintiff's long-term disability benefits must be deducted from his wrongful dismissal damages to prevent double recovery, as the employer was responsible for paying both.
Second, the court ordered the plaintiff to produce redacted dockets in support of his $208,000 bill of costs, finding that the detailed bill of costs alone was insufficient 'other evidence' under Rule 57.01(5).
Disciplinary panel member whose term expired may continue hearing where preliminary motions and exhibits were already heard.
The appellant, a land surveyor, appealed a Divisional Court decision dismissing his application for judicial review.
The issue was whether a member of the Discipline Committee whose term of office expired could continue to participate in a disciplinary hearing that had only heard preliminary motions.
The Court of Appeal held that the hearing had 'commenced' and evidence had been 'heard' through the filing of exhibits, satisfying section 26(11) of the Surveyors Act.
Furthermore, the member had 'participated in a hearing' under section 4.3 of the Statutory Powers Procedure Act.
The appeal was dismissed, allowing the member to continue on the panel.
