John Michael Bray

Following the dismissal of the respondent's motion to strike, the successful applicant sought costs of $5,085.

The respondent argued for costs in the cause, citing the simplicity of the motion and the applicant's failure to comply with the Rules of Civil Procedure regarding costs outlines and bills of costs.

The court agreed with the respondent's criticisms of the applicant's materials and the disproportionate time claimed.

However, the court declined to order costs in the cause, instead fixing the applicant's costs at a reduced amount of $1,000 payable within 30 days.

The respondent club brought a motion seeking to strike the member’s application or, alternatively, convert the proceeding to an action on the basis that material facts were in dispute regarding events leading to disciplinary proceedings and expulsion from membership.

The applicant argued that the application concerned the procedural fairness of the club’s disciplinary process rather than the underlying factual dispute.

The court held that the central issue was whether the club complied with its constitution and principles of natural justice, a matter capable of determination through the application process.

Applying the proportionality principles endorsed in Hryniak v. Mauldin, the court found it premature to require a full trial.

The motion was dismissed and the application permitted to proceed.