Court of Appeal for Ontario

Citation: Haliburton (County) v. Gillespie, 2013 ONCA 275 Date: 2013-04-29 Docket: C54563

Before: Goudge, Sharpe and Gillese JJ.A.

Between

The Corporation of the County of Haliburton Respondent

and

David L. Gillespie Appellant

Counsel: Tyler Hodgson, for the appellant Neil Abbott and Sirpal Randhawa, for the respondent

Heard: November 16, 2012

On appeal from the judgment of Justice Lorne E. Chester of the Ontario Court of Justice, dated September 8, 2011, allowing an appeal from the judgment of Justice of the Peace D. Jackson, dated January 6, 2011.

COSTS ENDORSEMENTS

[1] We have received written submission from the parties as to costs. The appellant resists the respondent’s request for costs asks that we award it costs of this appeal.

[2] We have jurisdiction to award costs pursuant to the Provincial Offences Act, R.S.O., c P.33, s. 139(3). However, it is our view that this is not a case for costs for two reasons.

[3] First, although there is jurisdiction to award costs, the general rule is that costs are not awarded in provincial offence appeals: R .v. Felderhof, (2003), 2003 CanLII 37346 (ON CA), 68 O.R. (3d) 481 at para. 100. While the respondent municipality is not the Crown, the respondent stood in the shoes of the Crown to represent the public interest in the enforcement of the statute at issue on this appeal.

[4] Second, this appeal raised an important and novel issue of public importance as to the interpretation of a statute and the meaning of “occupier”, described by MacPherson J.A. as being “of importance throughout the province” when granting leave to appeal.

[5] Accordingly, the respondent’s request for costs of the appeal is dismissed.

“S.T. Goudge J.A.”

“Robert J. Sharpe J.A.”

“E.E. Gillese J.A.”