CITATION: Liddy v. City of Vaughan, 2010 ONSC 324
DIVISIONAL COURT FILE NO.: 64/09
DATE: 20100112
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
FERRIER, LEDERMAN AND SACHS JJ.
BETWEEN:
CAROLYN LIDDY
Applicant
(Moving Party)
– and –
CITY OF VAUGHAN (COMMITTEE ADJUSTMENT) and ANNA MAURO
Respondents
(Responding Party)
Jeffrey Radnoff, for the Applicant (Moving Party)
Thomas D. Kerr, for Anna Mauro
M. Scott Martin, for Eric Gillespie
HEARD at Toronto: January 12, 2010
by the court (ORALLY)
[1] This is a motion for costs brought by Ms. Mauro for an abandoned judicial review application.
[2] There were two aspects to the costs request:
(i) For costs of the stay motion that was argued before and dismissed by Bellamy J. and,
(ii) Costs incurred because the application was abandoned.
[3] With respect to costs of the stay motion, Ms. Mauro was added as a respondent party to the proceeding on consent. As such, she was not, and cannot be categorized as, an intervenor. Having been successful on the motion she is entitled to her costs. Having regard to the following factors, the motion took an hour and a half to argue, the issues were not complicated, the legal test for a stay is well settled and the fact that we are mindful that it is not disputed that Ms. Mauro filed a substantial amount of irrelevant material, we find that the appropriate amount for costs is far below the amount being sought by Ms. Mauro.
[4] In the circumstances, we fix the costs of the stay motion at $2,500.00 payable by Ms. Liddy to Ms. Mauro.
[5] With respect to the costs of the abandoned application, we are of the view that there should be no order for costs. New solicitors had been retained who were reviewing the file. They had advised counsel of this fact and told them not to file materials pending that review. The matter was moot. Therefore, there was no need for the respondent Mauro to take any steps.
FERRIER J.
LEDERMAN J.
SACHS J.
Date of Reasons for Judgment: January 12, 2010
Date of Release: February 3, 2010
CITATION: Liddy v. City of Vaughan, 2010 ONSC 324
DIVISIONAL COURT FILE NO.: 64/09
DATE: 20100112
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
FERRIER, LEDERMAN AND SACHS JJ.
BETWEEN:
CAROLYN LIDDY
Applicant
(Moving Party)
– and –
CITY OF VAUGHAN (COMMITTEE ADJUSTMENT) and ANNA MAURO
Respondents
(Responding Party)
REASONS FOR JUDGMENT
BY THE COURT
Date of Reasons for Judgment: January 12, 2010
Date of Release: February 3, 2010