John Paul Robert Cassan

This decision addresses the issue of costs following the dismissal of an application alleging a contravention of the Municipal Conflict of Interest Act.

The respondent, who successfully defended the application, sought costs on an actual or substantial indemnity basis.

The applicant argued for a significantly lower amount.

The court, exercising its discretion under the Courts of Justice Act and Rule 57.01, applied the principle of reasonableness.

Despite the respondent's offer to settle for dismissal without costs, the court found the quantum sought by the respondent excessive given the limited complexity and duration of the proceeding.

The court awarded costs on a partial indemnity scale, increased due to the respondent's offer to settle, for a total of $15,000.00 to be paid by the applicant.

The applicant sought a declaration that the respondent, a municipal councillor, contravened the Municipal Conflict of Interest Act (MCIA) by participating in a council vote to indemnify himself and other councillors for legal expenses incurred in responding to a Human Rights Tribunal application.

The applicant argued the respondent had a pecuniary interest and sought to have his seat declared vacant.

The court dismissed the application, finding that the respondent's actions did not contravene the MCIA, particularly under the s. 4(i) exception for benefits related to a member's duties, and that the indemnification by-law was mandatory.

The court also noted that even if there was a contravention, the severity claimed was not warranted, and the respondent acted in good faith.

This is a costs endorsement from the Court of Appeal for Ontario.

The appellants were ordered to pay the respondents $25,000, all-inclusive, for the costs of the appeal.

The decision follows an appeal from an order of the Superior Court of Justice.

The appellants, a Township and its officials, appealed the dismissal of their anti-SLAPP motion seeking to dismiss a defamation and misfeasance in public office action brought by the respondents, owners of a community newspaper.

The Court of Appeal dismissed the appeal, finding no reviewable error in the motion judge's application of the anti-SLAPP test under s. 137.1 of the Courts of Justice Act, including the weighing of public interest in expression versus harm to reputation, and the assessment of available defences.

The court affirmed that the motion judge correctly applied the legal tests and that anti-SLAPP motions are not the forum for definitive determinations of complex defences.

This is a costs endorsement following a successful application under the Municipal Conflict of Interest Act.

The applicant, the Integrity Commissioner, was found substantially successful in the underlying application, despite not succeeding on all allegations.

The court considered the applicant's claim for partial or substantial indemnity costs and the respondent's arguments regarding excessive time and junior counsel fees.

The court awarded the applicant $25,000.00 for fees plus $2,125.42 for disbursements, including HST, finding the respondent's conduct intentional and persistent, which warranted more than a nominal costs order.

This is a costs endorsement on appeal from a Superior Court of Justice order.

The appellants appealed a decision and the Court of Appeal addressed the application of cost presumptions under the Court of Justice Act.

The court held that the statutory cost presumptions in s. 137.1(7) and (8) do not apply on appeal, as the statutory language does not expressly refer to costs on appeals.

However, the court exercised its discretion to apply the presumption for the motion costs and awarded the appellants costs on a full indemnity basis for the motion and on a partial indemnity basis for the appeal.

The defendant brought a motion under section 137.1 of the Courts of Justice Act to dismiss a breach of contract action.

The plaintiff alleged that the defendant breached a settlement agreement by giving testimony before the Ontario Municipal Board regarding the environmental impact of the plaintiff's proposed development.

The motion judge dismissed the motion, finding that although the testimony constituted expression relating to a matter of public interest, the plaintiff had satisfied the merits and public interest hurdles under section 137.1(4).

The Court of Appeal allowed the appeal, holding that the plaintiff failed to meet its burden under section 137.1(4)(a) regarding substantial merit and that the motion judge erred in interpreting "substantial merit" as referring to the seriousness of the subject matter rather than the potential merits of the claim.

The Court also found insufficient evidence of damages to satisfy the public interest balancing under section 137.1(4)(b).

The defendants brought a motion to dismiss the plaintiff's action for breach of a settlement agreement, invoking Ontario's anti-SLAPP legislation (s. 137.1 of the Courts of Justice Act).

The court found that the defendants' expression (testimony at an Ontario Municipal Board hearing regarding a land development's environmental impact) related to a matter of public interest, thereby satisfying the first part of the anti-SLAPP test.

However, the plaintiff successfully demonstrated that their action had substantial merit, the defendants had no valid defence, and the public interest in upholding the sanctity and finality of settlement agreements in litigation outweighed the public interest in protecting the defendants' expression.

Consequently, the motion to dismiss was denied, and each party was ordered to bear its own costs, given the novelty and merit of the anti-SLAPP motion.

The Thessalon First Nation (TFN) sought an interim injunction to prevent The Municipality of Huron Shores from proceeding with a tax sale of lands TFN claims are part of its reservation.

TFN asserts an historical error in the 1850 Huron Treaty survey.

The Municipality had not collected taxes on the land since 2000, agreeing with TFN's position, but initiated a tax sale due to significant arrears and provincial levies.

The court applied the RJR-MacDonald test, finding a serious question to be tried regarding Aboriginal land title and the Honour of the Crown, irreparable harm if the land were sold, and that the balance of inconvenience favored TFN, especially considering the potential for the Province to mitigate its costs.

The interim injunction was granted, halting the tax sale, with a further hearing scheduled to allow provincial and federal governments to make submissions.

In an application concerning hydro-electric property tax exemptions under section 3(1), paragraph 18 of the Assessment Act, the court determined that most disputed station components qualified as machinery and equipment used for producing electricity for sale to the general public.

The court rejected a narrow interpretation requiring direct transformation use and held all power produced at the stations met the sale-to-general-public requirement.

The court also held the applicant could not rely on paragraph 17 as an alternative exemption route.

Due conflicting expert evidence, the scope of exempt foundations required further expert process and a trial on that issue.