Tadros v. Peel (Police Service), 2009 ONCA 530

CITATION: Tadros v. Peel (Police Service), 2009 ONCA 530

DATE: 20090630

DOCKET: C47919

COURT OF APPEAL FOR ONTARIO

Rosenberg, Feldman and Blair JJ.A.

BETWEEN

Magdy Abdelmalik Tadros

Applicant (Respondent) (Appellant in Cross-Appeal)

and

The Peel Regional Police Service

Respondent (Appellant) (Respondent in Cross-Appeal)

and

Attorney General of Ontario

Intervener

Heard: November 17, 2008. Reasons Released: May 28, 2009

Counsel: David Migicovsky and Laura Scott, for the appellant, Peel Regional Police Service Clayton Ruby, Alan J. Davis, and Sheldon Erentzen for the respondent, Magdy Abdelmalik Tadros Michael T. Doi and Patrick Xavier, for the intervener, Attorney General of Ontario William S. Challis and Stephen McCammon, for the intervener, the Information and Privacy Commissioner/Ontario

COSTS ENDORSEMENT

[1] We have now received written costs submissions from the parties and from the Information and Privacy Commissioner of Ontario, Intervener. The appellant is entitled to its costs of the Application which we fix at $20,000 inclusive of G.S.T. and disbursements, payable by the respondent.

[2] We have considered the submissions concerning the costs of the appeal. While we agree that the appellant, having been successful in this court is entitled to its costs, it is our view that the amount sought, of over $90,000, is unreasonable. We also take into account that the appeal involved novel issues that had not previously been litigated in this court and that the appellant had an interest in having those issues resolved so that it would be in a position to respond to future similar requests.

[3] The appellant is entitled to its costs of the appeal, which we fix at $25,000 inclusive of G.S.T. and disbursements, payable by the respondent. There will be no costs orders for or against any of the interveners. There will be no costs of the cross-appeal.

Signed: "M. Rosenberg J.A." "K. Feldman J.A." "R. A. Blair J.A."