Court File and Parties

CITATION: Jonker v. The Township of West Lincoln, 2025 ONSC 6982

DIVISIONAL COURT FILE NO.: 22/144

DATE: 20251212

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Harold Jonker, Applicant

AND:

The Township of West lincoln, Respondent

BEFORE: Sachs, King and Doyle JJ.

COUNSEL: James Manson, for the Applicant

Thomas G. Hanrahan and Andrea Mannell, for the Respondent

HEARD: In writing

ENDORSEMENT REGARDING COSTS

[1] This matter was heard and decided by the panel in early 2024. At that time the parties were directed to make submissions in writing on the question of costs. Unfortunately, the panel did not receive those submissions until a few days ago. We apologize to the parties for the delay in issuing our endorsement on costs.

[2] We have now reviewed the parties’ submissions. The Respondent, as the successful party, seeks its partial indemnity costs in the total amount of $45,000. The Applicant resists its claim on two main bases. First, he argues that the case raised broad public interest issues that should justify the application of the public interest exception to the awarding of costs against a losing party Second, he argues that the amount claimed by the Respondent is excessive.

[3] In view of the fact that the Applicant clearly had a personal financial motivation for bringing the application for judicial review, we do not find that this is a proper case to apply the public interest exception to the awarding of costs. However, we do agree that the amount claimed by the Respondent for costs is excessive and disproportionate to the issues at stake. In the end this was a half day hearing, the result of which turned on a relatively narrow issue. In other words, the Respondent’s position was not a complicated one. In our view, a fair, reasonable and proportionate amount to award the Respondent for its costs is $10,000, all inclusive.

[4] For these reasons the Applicant shall pay the Respondent its costs of the application, fixed in the amount of $10,000, all inclusive.

Sachs J.

I agree _______________________________

King J.

I agree _______________________________

Doyle J.

Date: December 12, 2025