Michael Hucklack

The applicant sought costs following a successful judicial review application.

The parties agreed that costs should be awarded on a partial indemnity basis.

The applicant claimed $10,796.66, while the respondent argued for a lower amount.

The Divisional Court considered the respondent's conduct, which might have warranted solicitor and client costs, but also noted that the arguments were substantially similar to those at the lower level, allowing for economies in preparation.

Applying the principle of reasonable expectations, the court awarded the applicant $9,203.49 in total costs.

The applicant insurer sought judicial review of a decision by the Director's Delegate of the Financial Services Commission of Ontario.

The Arbitrator had found that a treatment provider forged the insureds' signatures to commence an arbitration for accident benefits after the claim was already settled.

The Arbitrator added the provider as a party and ordered him to pay the arbitration expenses due to his flagrant abuse of process.

The Director's Delegate overturned the expense order, finding the Arbitrator lacked jurisdiction to make such an order against a non-party.

The Divisional Court quashed the Director's Delegate's decision, holding that section 23(1) of the Statutory Powers Procedure Act grants the tribunal broad powers to control its process, including the jurisdiction to order an abuser of the process to compensate innocent parties for expenses incurred.