CITATION: Segura Mosquera v OCSB and OCDSB, 2018 ONSC 6018
COURT FILE NO.: DC-16-2222
DATE: 20181011
ONTARIO
SUPERIOR COURT OF JUSTICE
(DIVISIONAL COURT)
BETWEEN:
SEGURA MOSQUERA, Gladys Milena
Applicant
– and –
OTTAWA CARLETON DISTRICT SCHOOL BOARD and OTTAWA CATHOLIC SCHOOL BOARD
Respondents
Self-represented
J. Summers, for the Respondent, OCDSB
P. Marshall and J. Rocque, for the Respondent, OCSB
HEARD: In writing
COSTS ENDORSEMENT
H.J. Williams, J.
Background:
[1] The respondent school boards each issued notices of trespass against the applicant, the Ottawa-Carleton District School Board in 2014 and the Ottawa Catholic School Board in 2016.
[2] The applicant asked the Divisional Court to judicially review the two notices. The applicant issued her notice of application on June 27, 2016 but did not perfect her application.
[3] In a decision released August 3, 2018, I dismissed the application for delay and invited written submissions with respect to costs.
The parties’ submissions with respect to costs:
[4] The respondents filed written submissions in which they requested costs in accordance with the costs outlines they had filed at the hearing of the motion. The costs outlines had been filed before my decision was released.
[5] Although the applicant had filed a costs outline and a bill of costs before my decision was released, she did not file further written submissions in response to those of the respondents.
Analysis:
[6] As the applicant’s motion to extend time to perfect her application was dismissed and the respondents’ motions to dismiss the application for delay were granted, the respondents were the successful parties.
[7] I find that there is no reason not to award the respondents their costs.
[8] I also find that there is no reason to award costs on other than a partial indemnity basis.
[9] I reject the request for costs made by the applicant in her costs outline; the applicant was the unsuccessful party. I also reject the multiple submissions of the applicant in her costs outline to the effect that the Ottawa Catholic School Board had tried to mislead the court.
[10] Rule 57.01 lists the factors a court may consider in exercising its discretion to award costs under section 131 of the Courts of Justice Act.
[11] These factors include the principle of indemnity and the amount of costs an unsuccessful party could reasonably expect to pay.
[12] Having considered the relevant factors listed in Rule 57.01, I find that the costs requested by each of the respondents represents reasonable partial indemnity costs, having regard also to the relative length of their respective written materials and oral submissions. I note that although the parties were in court for almost three hours the day the motions were heard, the bill of costs of the Ottawa-Carleton District School Board included fees for only 1.5 hours for preparation and attendance.
Orders:
[13] I order the applicant to pay costs of the motion and cross-motion in the following amounts:
a. The applicant shall pay costs to the respondent Ottawa Catholic School Board (OCSB) on a partial indemnity basis in the fixed all-inclusive amount of $5,611.52.
b. The applicant shall pay costs to the respondent Ottawa-Carleton District School Board (OCDSB) on a partial indemnity basis in the fixed all-inclusive amount of $1,138.48.
Madam Justice H.J. Williams
Released: October 11, 2018
CITATION: Segura Mosquera v. OCSB and OCDSB, 2018 ONSC 6018
COURT FILE NO.: DC-16-2222
DATE: 20181011
ONTARIO
SUPERIOR COURT OF JUSTICE
(DIVISIONAL COURT)
BETWEEN:
SEGURA MOSQUERA, Gladys Milena
Applicant
– and –
OTTAWA CARLETON DISTRICT SCHOOL BOARD and OTTAWA CATHOLIC SCHOOL BOARD
Respondents
COSTS ENDORSEMENT
H. J. Williams, J.
Released: October 11, 2018