COURT FILE NO: 341/06
DATE: 20071003
SUPERIOR COURT OF JUSTICE - ONTARIO
DIVISIONAL COURT
RE: MILES WHITNEY
Appellant
- and -
CONSTABLE NEIL GONZALEZ, ONTARIO PROVINCIAL POLICE, and ONTARIO CIVILIAN COMMISSION ON POLICE SERVICES
Respondents
BEFORE: Lane, Lederman and Swinton JJ.
COUNSEL: Dale Whitney, by leave, Agent for the Appellant
Lorna Boyd, for the Respondent, Constable Neil Gonzalez
Jinan Kubursi, for the Respondent, Ontario Provincial Police
E N D O R S E M E N T
AS TO COSTS
[1] Having been successful, the Respondent officer seeks costs of $17,211 for fees plus disbursements of $990.50.
[2] The agent for the Appellant submits that the Appellant has pursued rights of appeal in good faith throughout and has limited financial means. He further submits that an award of costs in the total amount of $18,201.50 would deter other citizens from advancing legitimate complaints against the police.
[3] We are of the view that costs should follow the event as the officer had to incur costs to respond to the appeal, and he should be entitled to his reasonable costs.
[4] In this appeal, the factual and legal issues were not complex; and the hearing was not lengthy. Considering these factors together with the personal circumstances of the Appellant, and in particular, the amount of costs that an unsuccessful party would reasonably expect to pay for a proceeding of this nature, costs in the amount of $4,000 all inclusive, are reasonable. Such costs are to be paid by the Appellant to the Respondent officer within 30 days.
Lane J.
Lederman J.
Swinton J.
Released: September , 2007