COURT FILE NO: 284/06
SUPERIOR COURT OF JUSTICE - ONTARIO
DIVISIONAL COURT
IN THE MATTER OF THE SECURITIES ACT, R.S.O. 1990, c.S.5, as amended
RE: RICHARD OCHNIK and 1464210 ONTARIO INC, Appellants - and – ONTARIO SECURITIES COMMISSION, Respondent
BEFORE: Lederman, Swinton and M.G.J. Quigley, JJ.
COUNSEL: Richard Ochnik, Self represented, and with leave, on behalf of 1464210 Ontario Inc. Matthew H. Britton, for the Respondent, the Ontario Securities Commission
E N D O R S E M E N T
AS TO COSTS
1Both the motion to adduce fresh evidence and the appeal by the appellants were dismissed by the Court.
2Costs should normally follow the event and there is no reason why the respondent, OSC, having been successful, should not receive its costs on a partial indemnity basis.
3The OSC submitted that its partial indemnity costs amounted to $12,875. However, Mr. Britton, on behalf of the OSC acknowledged that the appellants were not represented by counsel and that the OSC did not wish to inhibit self-represented parties pursuing appeal rights by the OSC seeking prohibitive costs awards. In the circumstances, he seeks a costs award of $4,000.
4We are of the view that the issues on the appeal were not complex and that the amount of $4,000 sought by the OSC is modest in the circumstances. Accordingly, an order will go fixing the costs of both the motion to adduce fresh evidence and the appeal at $4,000 inclusive of disbursements and GST, payable by the appellants, Ochnik and 1464210 Ontario Inc., to the respondent, OSC.
Lederman J.
Swinton J.
M.G.J. Quigley J.
Released: May 30, 2007