Court File and Parties
DIVISIONAL COURT FILE NO.: 22/144
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
Introduction
1This 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.
Analysis
2We 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.
3In 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.
Disposition
4For 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