DATE: 20030116
DOCKET: C38193

COURT OF APPEAL FOR ONTARIO

RE: KELVIN J. HUGHES (Respondent) - and - WATERLOO REGION DISTRICT SCHOOL BOARD (Appellant)

BEFORE: AUSTIN, CHARRON and CRONK, JJ. A.

COUNSEL: Stephen F. Gleave for the appellant, Kelvin J. Hughes In Person

HEARD: October 30, 2002

On appeal from the judgment of Justice P.B. Hambly, sitting as a single judge of the Divisional Court, dated January 25, 2002.

ADDENDUM ON COSTS

[1] This appeal was heard on October 30, 2002 and dismissed with costs payable by the appellant to Mr. Hughes. The determination of the amount of those costs was reserved pending receipt of submissions from the parties. Those submissions have now been received.

[2] Mr. Hughes has submitted a bill of costs totalling $7351. The appellant argues that he is not entitled to recover any amount in excess of $1100. We agree that the claim must be reduced. In the first place, the award is limited to costs in this court, not in the courts below. In addition, there is no basis for an award of costs on a substantial indemnity basis. Mr. Hughes is entitled to costs on a partial indemnity basis. Nor is there any provision in the Tariff for disbursements for medications such as Larezapam, amongst other matters.

[3] Having regard to the limitations of the Tariff, it is our view that the costs should be fixed at $3500 including fees, disbursements and G.S.T. and we so order.

"Austin J.A."
"Louise Charron J.A."
"E. A. Cronk J.A."