ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
carnwath, swinton and nordheimer jj.
B E T W E E N:
TORONTO POLICE SERVICES BOARD
Applicant
- and -
ONTARIO HUMAN RIGHTS COMMISSION and ROSHAN FERNANDO
Respondents
Michele Wright, for the Applicant
Brian Smith, for the Respondent, OHRC
HEARD at Toronto: August 20, 2008
SWINTON J.: (Orally)
1The $3,500 in costs proposed by the Commission is neither fair and reasonable nor does it adequately compensate the applicant for both the stay motion and the application for judicial review. However, the award of costs is not an arithmetical exercise of multiplying hours and rates, but rather, a determination of a fair and reasonable amount that the unsuccessful party should pay.
2Therefore, costs of the application and the stay motion are fixed at $10,000, inclusive of GST and disbursements.
CARNWATH J.
3I endorse the Application Record as follows: “Costs awarded for oral reasons given in Court by Swinton J. The application otherwise granted on consent and as issued. Costs of today to the Board fixed at $1,500.”
SWINTON J.
CARNWATH J.
NORDHEIMER J.
Date of Reasons for Judgment: August 20, 2008
Date of Release: August 22, 2008
COURT FILE NO.: 264/08
DATE: 20080820
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
carnwath, swinton and nordheimer jj.
B E T W E E N:
TORONTO POLICE SERVICES BOARD
Applicant
- and -
ONTARIO HUMAN RIGHTS COMMISSION and ROSHAN FERNANDO
Respondents
ORAL REASONS FOR JUDGMENT
SWINTON J.
Date of Reasons for Judgment: August 20, 2008
Date of Release: August 22, 2008