DATE: 20020207 DOCKET: C33807
COURT OF APPEAL FOR ONTARIO
RE:
GISÈLE LALONDE, MICHELLE DE COURVILLE NICOL and HÔPITAL MONTFORT Applicants (Respondents in Appeal)– and - COMMISSION DE RESTRUCTURATION DES SERVICES DE SANTÉ Respondent (Appellant) – and - THE COMMISSIONER OF OFFICIAL LANGUAGES OF CANADA, THE ATTORNEY GENERAL OF CANADA, LA FÉDÉRATION DES COMMUNAUTÉS FRANCOPHONES ET ACADIENNE DU CANADA and L’ASSOCIATION CANADIENNE FRANÇAISE DE L’ONTARIO (Interveners)
BEFORE:
WEILER, SHARPE JJ.A. and RIVARD J. (Ad Hoc)
COUNSEL:
Janet E. Minor and Michel Y. Hélie, for the appellant
Ronald F. Caza, Pascale Giguère and Marc Cousineau, for the respondents
René Cadieux and Johanne Tremblay, for the intervener The Commissioner of Official Languages of Canada
Alain Préfontaine and Warren J. Newman, for the intervener
The Attorney General of Canada
François Boileau, for the intervener La Fédération des communautés
francophones et acadienne du Canada
Paul S. Rouleau and Louise Hurteau, for the intervener L’Association canadienne française de l’Ontario
HEARD:
May 14-17, 2001
E N D O R S E M E N T
[1] It is common ground that the respondents are entitled to costs on a party and party basis. None of the interveners are asking for any order as to costs. The only outstanding issue is whether the Attorney General should be awarded costs of the cross-appeal on the s. 15 issue. This was a discrete issue upon which the respondents were unsuccessful before the Divisional Court. The respondents raised the issue before us by way of cross-appeal and the cross-appeal was dismissed. In our view, there is no reason to deny the Attorney General costs on this issue. Accordingly, we award the respondents costs of the appeal against the Attorney General on a party and party basis and the Attorney General costs of the cross-appeal as against the respondents, also on a party and party basis.
“Karen M. Weiler J.A.”
“Robert J. Sharpe J.A.”
“Paul Rivard J.”