Court File and Parties

CITATION: Adams v. Attorney General of Canada, 2012 ONSC 2118

DIVISIONAL COURT FILE NO.: 223/09

DATE: 20120405

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: JEFFREY ADAMS, Applicant (Moving Party)

AND:

ATTORNEY GENERAL OF CANADA and CANADIAN CENTRE FOR ETHICS IN SPORT, Respondents (Responding Parties)

BEFORE: Jennings, Dambrot, Harvison Young JJ.

COUNSEL: Timothy S. B. Danson, Marjan Delavar, for the Applicant (Moving Party)

Peter Southey, Roy Lee, for the Respondent, Attorney General of Canada

Robert C. Morrow, for the Respondent, Canadian Centre for Ethics in Sport

HEARD: December 15, 2011

COSTS ENDORSEMENT

[1] In an endorsement released on December 21, 2011, we dismissed the applicant’s motion to set aside the judgment of Molloy J. granting the respondent Attorney General of Canada’s motion to quash the applicant’s application for judicial review. We affirmed the conclusion of Molloy J. that it was plain and obvious that the Divisional court has no jurisdiction to grant the relief sought and that the application for judicial review constituted an abuse of process in light of the parallel proceedings brought in the Superior Court, and gave the parties an opportunity to make submissions respecting costs in writing. We have now reviewed those submissions.

[2] The Attorney General of Canada sought an award of full indemnity costs in the amount of $19,502.10, on the basis that this motion was unnecessary and wasted scarce judicial resources. The Canadian Centre for Ethics in Sport was content to ask for partial-indemnity costs in the sum of $10,000.

[3] While there is force to the Attorney General’s request for full indemnity costs, we have concluded that only partial-indemnity costs should be awarded, as follows: $14,000 all-inclusive to the Attorney General, if demanded, and $7,000 all-inclusive to the Canadian Centre for Ethics in Sports.

Jennings J.

Dambrot J.

Harvison Young J.

DATE: April 5, 2012