Murray John Klippenstein

Following the dismissal of a motion to certify a class proceeding related to policing during the G20 Summit, the court determined the costs payable to a successful defendant.

The plaintiff argued that no costs should be ordered because the case raised novel legal issues and matters of public interest.

The court held that although the action involved issues of public interest, the certification motion was seriously flawed and the novelty argument was unfounded.

Applying the governing principles for class proceeding costs and considering comparable certification cost awards, the court concluded that a reduced costs award was appropriate.

Costs were fixed at $200,000 in fees plus disbursements and applicable taxes, payable by the plaintiff and indemnified by the Class Proceedings Fund.

Following a successful defence motion for summary judgment dismissing a claim for delay, the defendants sought substantial indemnity costs exceeding $42,000.

The court accepted that elevated costs were justified due to the plaintiff’s nearly twenty‑year failure to advance the litigation.

However, the court found the defendants’ bill of costs inadequately detailed and the claimed amount excessive.

Balancing the plaintiff’s unexplained delay against the insufficient cost justification, the court fixed a reduced substantial indemnity award.