Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
DIVISIONAL COURT
IN THE MATTER OF the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M. 56, as amended
RE: TORONTO POLICE SERVICES BOARD Applicant
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INFORMATION AND PRIVACY COMMISSIONER and JAMES RANKIN Respondents
BEFORE: CARNWATH, GREER & SWINTON, JJ.
COUNSEL: Darrel A. Smith, for the Applicant William S. Challis, for the Respondent, Information and Privacy Commissioner/Ontario, Tony Wong, for the Respondent, James Rankin
COSTS ENDORSEMENT
1In this matter, the Toronto Police Services Board’s application to quash Order No. MO-1989 issued by the IPC was successful.
2We conclude that costs should follow the event and that the TPSB should have its costs against James Rankin.
3We reject the submission that Mr. Rankin was successful on the majority of the issues. The main question was whether the Assistant Commissioner’s decision was reasonable. We found it was not.
4We reject the submission the matter is novel and one of public interest. The Assistant Commissioner failed to turn his mind to the question he was required to ask himself, nothing more.
5The TPSB seeks costs of $17,766.01 on a partial indemnity basis. Mr. Rankin sought $14,581.73 were he to have been successful. There seems to be virtual agreement on the reasonable expectation of the parties as to what the losing party should pay.
6We fix the costs payable by Mr. Rankin on a partial indemnity basis at $15,000, inclusive of fees, disbursement and G.S.T., payable thirty days.
7The IPC seeks no costs and none shall be awarded against the Commissioner.
CARNWATH J.
GREER J.
SWINTON J.
DATE: 20071018