Court of Appeal for Ontario
Panel: Doherty, Brown and Huscroft JJ.A.
Parties
Between
Alex Gilmor and Tania Gilmor Respondents
and
Nottawasaga Valley Conservation Authority Appellant
and
The Township of Amaranth Respondent
Counsel
- Alex Gilmor and Tania Gilmor, in person
- J. Thomas Curry and Andrew Porter, for Conservation Ontario
- John A. Olah, for Nottawasaga Valley Conservation Authority
- Sara Blake, for Ministry of Natural Resources
- Jeremy Glick, for Ministry of Natural Resources
- David N. Germain, for the Township of Amaranth
- Jeremy Opolsky, Amicus Curiae
Heard: December 20, 2016
On appeal from: the order of Justice Kruzick, Justice Perell and Justice Dunphy of the Divisional Court, dated September 9, 2015.
Costs Endorsement
1The court released its decision on May 23, 2017 allowing the appeal. The parties were invited to make written submissions on costs. The interveners were required to pay their own costs.
2The appellant NCVA, which succeeded on the appeal, seeks costs of $77,419.86 on a partial indemnity basis for both the appeal and the proceedings before the Divisional Court. This is opposed by amicus curiae on the basis that it is excessive. No submissions were received from the respondent Gilmors or from the Township of Amaranth.
3The Gilmors shall pay the NCVA its costs claimed for the Divisional Court proceedings of $14,674.25, all-inclusive.
4The Gilmors should not be required to pay for the NCVA's costs in responding to unsuccessful intervention motions ($14,570).
5The cost sought for the leave to appeal motion and appeal hearing are high, having regard to the costs in the Divisional Court, and should be reduced. In all of the circumstances, the Gilmors shall pay the NCVA $30,000, all-inclusive for costs on the appeal.
6The total costs payable by the Gilmors to the NCVA are $44,674.25, all inclusive.
7No order is made in respect of the Township of Amaranth.
"Doherty J.A."
"David Brown J.A."
"Grant Huscroft J.A."