Doyle

The respondent, having been successful in the main application for judicial review, sought partial indemnity costs of $45,000.

The applicant argued that no costs should be awarded due to the public interest exception, or alternatively, that the amount claimed was excessive.

The Divisional Court rejected the public interest argument, noting the applicant had a personal financial motivation for the proceeding.

However, the court agreed the claimed amount was excessive for a half-day hearing on a narrow issue, and fixed costs at $10,000 all-inclusive.

The applicant appealed and sought judicial review of Licence Appeal Tribunal decisions dismissing her claims for income replacement benefits and medical expenses, and ordering the destruction of internal tribunal documents she submitted as evidence of institutional bias.

The Divisional Court dismissed the appeal and application, finding no error of law in the Tribunal's determination that the insurer's examination notices complied with the Statutory Accident Benefits Schedule.

The Court also upheld the Tribunal's orders striking the applicant's reply evidence and directing the destruction and non-dissemination of internal documents, concluding that the Tribunal reasonably exercised its jurisdiction to control its process and properly applied the doctrines of solicitor-client privilege and deliberative secrecy.

The appellant was injured in a motor vehicle collision and settled his claims for statutory accident benefits with the respondent insurer, providing a full and final release.

He later sought additional benefits for post-traumatic stress disorder, which the insurer denied based on the settlement.

The License Appeal Tribunal dismissed his claim because he had not returned the settlement funds as required by s. 9.1(8) of Regulation 664.

The Divisional Court dismissed the appeal, confirming that repayment of settlement funds is a mandatory precondition to applying to the Tribunal, and there is no exemption for impecuniosity.

The moving parties brought a motion for leave to appeal a decision of the lower court.

The Divisional Court dismissed the motion for leave to appeal.

Costs were awarded to the responding parties in the fixed amount of $2,200.

The moving parties brought a motion for leave to appeal the decision of Kimmel J. dated December 13, 2024.

The Divisional Court dismissed the motion for leave to appeal and ordered the moving parties to pay costs of $2,200 to the responding parties.

The applicant sought judicial review of a decision by the Human Rights Tribunal of Ontario dismissing his complaint as abandoned after he failed to respond to a single email inquiring about the status of related WSIB proceedings.

The Tribunal had refused to reconsider the dismissal, focusing solely on whether the email was delivered rather than conducting a contextual analysis of abandonment.

The Divisional Court held that inferring abandonment from the failure to respond to one email, given the applicant's history of compliance and the ongoing nature of the WSIB proceedings, was unreasonable.

The application was granted, the dismissal order was quashed, and costs were awarded to the applicant.