Wellwood v. Ontario Provincial Police, 2010 ONCA 513

CITATION: Wellwood v. Ontario Provincial Police, 2010 ONCA 513

DATE: 20100716

DOCKET: C50760 and C50882

COURT OF APPEAL FOR ONTARIO

Cronk, Lang and Juriansz JJ.A.

BETWEEN

DOCKET: C50760

Geoffrey Allan Wellwood

Respondent (Plaintiff)

and

Ontario Provincial Police, Detective Constable Cindy Collins, Detective Inspector Morris Elbers, Detective Scott Maybee, South Simcoe Police Force, Her Majesty the Queen in Right of Ontario as represented by the Ministry of the Attorney General and Her Majesty the Queen in Right of Ontario, as represented by the Ministry of the Solicitor General

Appellants (Defendants)

AND BETWEEN

DOCKET: C50882

Geoffrey Allan Wellwood

Respondent (Plaintiff)

and

Ontario Provincial Police, Detective Constable Cindy Collins, Detective Inspector Morris Elbers, Detective Scott Maybee, South Simcoe Police Force, Her Majesty the Queen in Right of Ontario as represented by the Ministry of the Attorney General and Her Majesty the Queen in Right of Ontario, as represented by the Ministry of the Solicitor General

Appellant (Defendants)

Judie Im and Sara Blake, for the Crown appellants

Anne E. Spafford, for the appellant, The Bradford West Gwillimbury/Innisfil Police Services Board (wrongly named as South Simcoe Police Force)

William G. Scott, for the respondent

Heard: December 1, 2009

On appeal from the order of Justice Lee K. Ferrier of the Superior Court of Justice, sitting as a single judge of the Divisional Court, dated January 21, 2009, with reasons reported at (2009), 2009 1476 (ON SCDC), 66 C.P.C. (6th) 48, allowing an appeal from the order of Master M. J. Sproat of the Superior Court of Justice, dated April 8, 2008, with reasons reported at 2008 16200 (ON S.C.).

COSTS ENDORSEMENT

[1] By our reasons for judgment in this matter issued on May 28, 2010, the parties were directed to submit written costs submissions to the Registrar of this court. We have now been informed by counsel that the respondent consents to an award of the costs of the proceedings before this court in favour of the appellant, The Bradford West Gwillimbury/Innisfil Police Services Board (the “Board), in the total amount of $10,000, inclusive of disbursements and G.S.T. We have further been informed that the Crown appellants do not seek costs in respect of these proceedings.

[2] In our view, the agreed amount of costs is appropriate in this case. Accordingly, the Board is entitled to costs from the respondent in the agreed total amount of $10,000, inclusive of disbursements and GST, and we so order.

“E.A. Cronk J.A.”

“S.E. Lang J.A.”

“Russell Juriansz J.A.”