COURT OF APPEAL FOR ONTARIO
RE:
PAUL MEGENS (Applicant/Respondent in Appeal) v. THE ONTARIO RACING COMMISSION (Respondent/Appellant in Appeal)
BEFORE:
McMURTRY C.J.O. , ABELLA AND ROSENBERG JJ.A.
COUNSEL:
Jill Dougherty
for the appellant
Peter A. Simm
for the respondent
HEARD & ENDORSED:
April 23, 2004
On appeal from the order of the Divisional Court (Lane, Brockenshire and Cameron JJ.) dated September 16, 2003.
A P P E A L B O O K E N D O R S E M E N T
1The costs award of $60,000 for a straight-forward, one-day hearing before the Divisional Court is unsustainable and reflects several errors in the discretion exercised.
2Given the issues involved and the inadequacy of the evidence on preparation time, the amount is grossly excessive. It is disproportionately higher than other costs awards for similar types of proceedings. It is, moreover, so demonstrably inflated, that it violates the compensation principles underlying the costs grid, and offends against any reasonably anticipated costs award by the unsuccessful party.
3We find $18,000 to be a fairer and more reasonable amount.
4We would therefore allow the appeal, set aside the costs award, and order that costs be paid in the total amount of $18,000.
5Costs of this appeal and the leave application in the total amount of $5,000.