Court of Appeal for Ontario

CITATION: Coote v. Ontario Human Rights Commission, 2010 ONCA 460

DATE: 20100622

DOCKET: C51584-M38903

BEFORE: Winkler C.J.O., Doherty and Watt JJ.A.

BETWEEN

Anthony Coote

Appellant

and

Ontario Human Rights Commission et al., AGF Trust Company, AFG Management Limited, Douglas L. Derry, Stuart Eagles, W. Robert Farquharson, Blake C. Goldiring, Walter A. Keyser, David A. King, Donald G. Lang, William A. Keyser, David A. King, Donald G. Lang, William Morneau, Winthrop H. Smith, People Exchange, Bonnie Langer, Amber McGregor, Gita Clarkson, Stikeman Elliott LLP, and Lisa Depiante

Respondents

AND RE:

Anthony Coote

Appellant

and

Ontario Human Rights Commission, Barbara Hall, Andrea Jelly, Prabhu Ragan, Christopher McKinnon, Neil Edwards, Nancy Austin, Hart Schwartz, Institutional Shareholders Services Canada Corporation, Bill MacKenzie, Anjeet Bening, Aravinda Galappatthige, Debra Sisti, Michelle Tan, Parent Company, Board of Directors, Mark Hart Sanson and Hart, Geri Sanson and Mark Hart

Respondents

AND RE:

Anthony Coote

Appellant

and

Ontario Human Rights Commission et al., Veritas Investment Corporation, Michael Palmer, William Marshall, Peter Holden, Ohad Lederer, Chris Marshall, Anthony Scilipoti, Neeraj Monga, Sara Tsang, Sam La Bell, Dimitry Khmelnitsky and Michelle Mercer

Respondents

and

Paliare Roland Rosenberg Rothstein LLP and Karen Jones

Respondents

COUNSEL:

Anthony Coote, appearing in person

Jeremy Glick, for the respondents, Ontario Human Rights Commission et al.

Sara J. Erskine, for the respondents, AGF Management Limited and AGF Trust Company et al.

Christopher Cosgriffe, for the respondents, People Exchange et al.

Karen Jones, for the respondents, Veritas Investment Corporation et al.

Farah Malik, for the respondent lawyers, Stikeman Elliott LLP, Lisa Depiante, Paliare Roland Rosenberg Rothstein LLP et al.

HEARD: June 14, 2010

On appeal from the judgment of Justice Daley of the Superior Court of Justice dated December 29, 2009.

APPEAL BOOK ENDORSEMENT

[1] The appellant purports to appeal from the order of Daley J. dated December 29, 2009. That order was with respect to costs only. The appellant’s action had been dismissed by endorsement on October 15, 2009. An appeal from that order dismissing the action was dismissed by this court.

[2] In oral argument, Mr. Coote argued that the appeal involved issues other than costs and that he had a right of appeal. By way of alternative, and only if we rejected his other arguments, Mr. Coote asked the court to treat this material as a request for leave to appeal the costs order. It was explained to Mr. Coote that leave applications are decided on the written material. The court is satisfied that there is no right of appeal. The appellant needs leave.

[3] The court has considered the appellant’s material and the responding material. Leave to appeal costs is refused. Each of the respondents who have filed responding material is entitled to costs in the amount of $1,000 each. To be clear, the “Respondent Lawyers” are entitled to one set of costs in the amount of $1,000, the “Veritas” Respondents are entitled to costs of $1,000. The “AGF” respondents are entitled to costs of $1,000 and the “Ontario Human Rights Commission” respondents are entitled to costs of $1,000.