COURT FILE NO: DC-07-000613-00
DATE: 20090824
SUPERIOR COURT OF JUSTICE - ONTARIO
DIVISIONAL COURT
RE: College of Physicians and Surgeons of Ontario
Respondent/Moving Party
- and –
Dr. Alexander Franklin
Appellant/Responding Party
BEFORE: The Honourable Madam Justice Gladys Pardu
COUNSEL: Colin Johnson,
for the Respondent/Moving Party
Miles D. O’Reilly, Q.C.,
for the Appellant/Responding Party
PARDU J.
E N D O R S E M E N T
AS TO COSTS
[1] This appeal was dismissed for delay, on consent.
[2] Costs should follow the result, on a partial indemnity basis. The delay by the Appellant, though significant, is not misconduct of a nature or severity justifying substantial indemnity costs. What, then, is fair and reasonable for a motion to dismiss for delay and an appeal which did not proceed? The Respondent claims fees related to preparation of a draft factum on the appeal, in anticipation that the appellant would himself perfect his appeal and deliver a factum. As it turns out, this work was unnecessary. On that basis, I temper the costs somewhat and award the Respondent costs of the appeal and the motion fixed at $5,000, inclusive of disbursements.
Pardu J.
Released: August 24, 2009