Jonathan Martin

Following the dismissal of a proposed intervener's motion to intervene, the successful party and another intervener sought costs.

The court awarded the successful party elevated costs fixed at $460,000, apportioning liability among the proposed intervener (65%) and the two defendants (17.5% each) due to the defendants' delayed positions which complicated the motion.

The second intervener was awarded $12,500 in costs against the proposed intervener, limited to costs incurred after it first requested them in its factum.

Metrolinx brought a motion to quash an appeal by the Haudenosaunee Development Institute (HDI) from an order dismissing its motion for an interlocutory injunction, and also sought to set aside an interim injunction granted by a single judge of the Court of Appeal.

Metrolinx further raised a preliminary allegation of reasonable apprehension of institutional bias against the court.

HDI, in turn, sought an extension of the interim injunction.

The Court of Appeal dismissed Metrolinx's bias challenge, finding no reasonable apprehension of bias.

The court then granted Metrolinx's motion to quash the appeal, concluding that the lower court's order was interlocutory, not final, and therefore the appeal lay with the Divisional Court with leave, not the Court of Appeal.

The Haudenosaunee Development Institute (HDI) sought an interim injunction from the Court of Appeal for Ontario to prevent Metrolinx from removing trees near Osgoode Hall.

This motion was brought pending HDI's motion for leave to appeal the Divisional Court's denial of leave to appeal an earlier injunction denial.

The Court of Appeal dismissed the interim injunction, finding that HDI failed to demonstrate a serious issue to be tried.

The court reiterated that appeals from an intermediate court's refusal of leave to appeal are generally not available unless the lower court mistakenly declined jurisdiction, an exception not met by HDI's arguments regarding constitutional rights or consultation.

The applicant brought a motion for leave to appeal a prior decision.

The Divisional Court dismissed the motion for leave to appeal and ordered costs of $15,000 payable by the applicant to the respondent, to be netted against a prior costs award.

The court also extended the interim relief previously ordered until the end of the day.

The Haudenosaunee Development Institute (HDI) brought a motion for an interlocutory injunction to prevent Metrolinx from removing 11 trees on its property near Osgoode Hall, pending adequate engagement regarding the Ontario Line subway project.

The court dismissed the motion, finding that HDI would suffer no irreparable harm as the trees were not historically unique and would be replaced, and that monetary damages would suffice for any compensation claims.

Furthermore, the balance of convenience strongly favoured Metrolinx due to the severe financial and public interest consequences of delaying the transit project.

The Haudenosaunee Development Institute (HDI) brought a motion to be added as a party and appointed as a representative of the Haudenosaunee Confederacy in an action commenced by the Six Nations of the Grand River Band of Indians against Canada and Ontario.

Following case conferences, the parties and HDI consented to a timetable for the motion and terms for providing notice to potentially interested non-parties.

The court issued an order on consent setting out the timetable and the specific notice requirements.

The appellant challenged his conviction on the basis that a delay of over three years infringed the right to be tried within a reasonable time under s. 11(b) of the Charter.

The court held that, despite moderate complexity, the overall delay became unreasonable where the accused consistently took proactive steps to expedite trial and did not cause delay.

It found that delay attributable to co-accused and two adjournments required a more proactive Crown response, including potential severance and earlier date management.

The conviction was set aside and a stay of proceedings was entered.

On a criminal appeal concerning party liability for cocaine trafficking, the appellants challenged convictions entered after the appellate court set aside acquittals.

The court held that, on the trial judge's factual findings, aiding and abetting through protective conduct for the distribution operation was established.

The reasons accepted that the appellants' acts hindered interference and provided assistance and encouragement to the principal offender.

The court affirmed the appellate disposition and dismissed both appeals.