Court File and Parties
COURT FILE NO.: 741/03 DATE: 20051011
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
BEFORE: O’DRISCOLL, CAPUTO AND SWINTON JJ.
B E T W E E N:
Gay Lerew Applicant
- and -
THE st. Lawrence College Of Applied Arts And Technology Respondent
ENDORSEMENT AS TO COSTS
O’DRISCOLL J.:
[1] Counsel for Lerew has submitted a draft bill of costs seeking the following:
Costs on the first application for judicial review, which was abandoned on January 20, 2005 before the Divisional Court - $9,070.00 plus disbursements, and
Costs referable to a hearing before the “College Student Appeal Committee” on March 31, 2004 - $8,750.00, and
Costs on the second application for judicial heard by the Divisional Court on March 17, 2005 with reasons being released on April 25, 2005 - $28,000.00 plus disbursements.
[2] In my view, there is no basis upon which the Divisional Court can award costs of the Applicant before the “College Student Appeal Committee”.
[3] In my view, the claim of $9,070.00 for the first application for judicial review, which was abandoned, is excessive. Likewise, a claim of $28,000.00 costs on the second judicial application argued on March 17, 2005 is also excessive.
[4] In my view, there is no basis shown to us why disbursements of the Applicant of $65.00 regarding the Freedom of Information and Protection of Privacy Act has anything to do with the fixed costs of the two applications for judicial review. The same applies to the attendance of a court reporter at the request of the Applicant before the College Student Appeal Committee for the sum of $135.00.
[5] After reviewing the draft bill of costs and all the submissions filed, costs are fixed as follows:
(a) First application for judicial review - $1,000.00, all inclusive, and
(b) Second application for judicial review - $4,000.00, all inclusive.
[6] The fixed costs to be paid by the Respondent College to the Applicant within thirty (30) days of the release of this endorsement.
O’Driscoll J.
Caputo J.
Swinton J.
Released: