Laura Nicole Book

The moving parties brought a motion for leave to appeal a decision of Harris J. dated August 19, 2024.

The Divisional Court dismissed the motion for leave to appeal and ordered the moving parties to pay costs of $5,000 to the municipal respondent and $5,000 to the county and individual respondents.

The applicant sought a declaration invalidating sections of the respondent municipality's procedural by-law, arguing they breached his Charter rights, particularly freedom of expression, by limiting his ability to communicate with elected officials.

The municipality contended the limitations were reasonable and necessary for efficient governance.

The court found that while the by-law sections technically limited the applicant's freedom of expression, they constituted reasonable limits demonstrably justified under section 1 of the Charter, as they were necessary for the orderly and efficient conduct of municipal business.

The application was dismissed.

The plaintiff, Tracey Lynn Kirstine, sought costs after successfully obtaining an interlocutory injunction.

The defendants argued that costs should be reserved to the trial judge or that their offers to settle should be considered.

The court, applying Rule 57.03(1) of the Rules of Civil Procedure, determined that an immediate costs award was appropriate, particularly given the defendants' breach of a prior order.

The court awarded the plaintiff $65,000 in all-inclusive costs, with 75% payable jointly and severally by Neil Kirstine and Jeremy Ellis, and the remaining balance split equally and severally among Tone Valeriote, Christine Brandt, and Donna Sparks.