Court File and Parties

CITATION: Holmes v. White, 2013 ONSC 5838

COURT FILE NO.: DC12-390JR

DATE: 2013-09-16

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Scott Paul Holmes, applicant (responding party)

AND: Steven White, H.M (Mike) Metcalf, Bradley S. Duncan, respondents (moving parties)

AND: The Canadian National Railway Company, John Dalzell, Serge Meloche, Ben Fusco, Bruce Power, Robert Michael Zawerbny, Scott William McCallum and Marc Pontenier, interveners

BEFORE: Mr Justice Ramsay

COUNSEL: Mr Graydon Sheppard for the applicant Mr David Tortell for Steven White Mr David Migicovsky for H.M. Metcalf Mr Bruce Brown for Bradley S. Duncan Mr Andrew Faith and Ms Safina Lakhani for the railway Mr David M. Porter and Mr Byron Shaw for the individual interveners

Endorsement

[1] I quashed this application for judicial review on the grounds that it could not succeed, it was brought too late and it was an abuse of process [2013 ONSC 4225].

[2] The respondents and interveners ask for a total of about $50,000 in costs. Metcalf asks for $22,000, White $6,750, Duncan $5,600. The individual interveners ask for $9,000. I have not heard from the corporate intervener. The applicant submits that the respondents and the interveners should share a total of $16,800.

[3] The respondents were successful and should have their costs, which should reflect my finding that the application was an abuse of process. I award costs to the respondents as follows:

a. Metcalf $12,000

b. White $ 6,750

c. Duncan $ 5,600.

[4] As to the interveners, they were added not as public interest interveners but as persons with a direct interest in the proceedings. Crane J., who granted them intervener status, treated them like parties and gave them costs of the motion for leave to intervene. My ruling on the costs of that motion must be considered a nullity. I grant the individual interveners’ request for costs on a partial indemnity basis, which I fix at $6,000.

[5] All of these amounts include tax and disbursements.

J.A. Ramsay J.

Released: 2013-09-16