Marium Rehan

The Plaintiff sought costs incurred for preparing a summary judgment motion, which became unnecessary after the Defendant, initially self-represented, retained counsel and filed an Amended Statement of Defense.

The Plaintiff requested costs on a full or substantial indemnity basis.

The court, exercising its discretion under section 131 of the Courts of Justice Act, awarded the Plaintiff a reduced amount of $1,000 in costs thrown away, considering the Defendant's initial lack of legal representation and the potential future utility of the Plaintiff's motion preparation.

The self-represented applicant sought judicial review of a Human Rights Tribunal of Ontario (HRTO) decision dismissing his human rights complaint against his former employer, coworkers, and a workplace investigator.

The HRTO had dismissed the complaint against the employer and certain coworkers under s. 34(11) of the Human Rights Code because the applicant had commenced a concurrent civil action based on the same facts.

The HRTO also dismissed the complaint against the workplace investigator, finding no reasonable prospect of success.

The Divisional Court held that the applicable standard of review was reasonableness, following Vavilov, and found that the HRTO's decisions were reasonable and procedurally fair.

The application for judicial review was dismissed with costs.