CITATION: Whitney v. Ontario Lottery and Gaming Corporation et. al., 2014 ONSC 281
DIVISIONAL COURT FILE NO.: 37/13
DATE: 20140114
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
A.C.J.S.C. MARROCCO, BALTMAN J. AND MCEWEN J.
BETWEEN:
LAWRENCE RICHARD WHITNEY
Applicant
– and –
ONTARIO LOTTERY AND GAMING CORPORATION and INFORMATION AND PRIVACY COMMISSIONER OF ONTARIO
Respondents
In person
Jill Dougherty and Jordan Glick, Amici Curiae
Daniel Michaluk, Josh Concessao for the Ontario Lottery and Gaming Corporation
William S Challis for the Information and Privacy Commissioner of Ontario
Written Submissions
ENDORSEMENT ON COSTS
MARROCCO A.C.J.:
[1] The time spent by counsel for the Ontario Lottery and Gaming Corporation as set out in its Costs Outline seems reasonable having regard to the factual and legal issues in this matter. Both the actual and partial indemnity rates for Ontario Lottery and Gaming Corporation counsel are appropriate.
[2] The order appointing amicus curiae was made at the instance of the court and not at the request of Mr. Whitney. We also recognize that the submissions of the amicus curiae highlighted real legal issues raised in this proceeding. The position taken on Mr. Whitney’s behalf was neither academic nor fanciful. We also recognize that the respondents were obliged to respond to these issues.
[3] Finally we also recognize that facilitating access to justice is a combined responsibility of both the Bench and the Bar and not simply the responsibility of counsel appearing as amicus curiae.
[4] Accordingly, some downward adjustment has to be made for the time spent on this matter as a result of the intervention of the amicus curiae. In making this observation I do not wish to suggest or imply that the intervention of the amicus curiae was anything other than appropriate and consistent with the responsibilities that the amicus curiae assumed.
[5] Accordingly costs, payable by Mr. Whitney, are fixed at $6250 inclusive of disbursements and relevant taxes. Costs are payable forthwith upon demand being made by the respondent Ontario Lottery and Gaming Corporation.
[6] No portion of these costs are payable to the Information and Privacy Commissioner because the Commissioner sought no costs against Mr. Whitney.
A.C.J.S.C. MARROCCO
BALTMAN J.
MCEWEN J.
Released: 20140114
CITATION: Whitney v. Ontario Lottery and Gaming Corporation et. al., 2014 ONSC 281
DIVISIONAL COURT FILE NO.: 37/13
DATE: 20140114
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
A.C.J.S.C. MARROCCO, BALTMAN AND MCEWEN JJ.
BETWEEN:
LAWRENCE RICHARD WHITNEY
Appellant
-and-
ONTARIO LOTTERY AND GAMING CORPORATION and INFORMATION AND PRIVACY COMMISSIONER OF ONTARIO
Respondents
ENDORSEMENT ON COSTS
Released: 20140114