Court of Appeal for Ontario

Citation: 2017 ONCA 678

Date: September 1, 2017

Docket: C61786

Panel: Doherty, Brown and Huscroft JJ.A.

Parties

Between

Alex Gilmor and Tania Gilmor Respondents

and

Nottawasaga Valley Conservation Authority Appellant

and

The Township of Amaranth Respondent

Counsel

• Alex Gilmor and Tania Gilmor, in person
• J. Thomas Curry and Andrew Porter, for Conservation Ontario
• John A. Olah, for Nottawasaga Valley Conservation Authority
• Sara Blake, for Ministry of Natural Resources
• Jeremy Glick, for Ministry of Natural Resources
• David N. Germain, for the Township of Amaranth
• Jeremy Opolsky, Amicus Curiae

Heard: December 20, 2016

On appeal from: the order of Justice Kruzick, Justice Perell and Justice Dunphy of the Divisional Court, dated September 9, 2015.

Costs Endorsement

[1] The court released its decision on May 23, 2017 allowing the appeal. The parties were invited to make written submissions on costs. The interveners were required to pay their own costs.

[2] The appellant NCVA, which succeeded on the appeal, seeks costs of $77,419.86 on a partial indemnity basis for both the appeal and the proceedings before the Divisional Court. This is opposed by amicus curiae on the basis that it is excessive. No submissions were received from the respondent Gilmors or from the Township of Amaranth.

[3] The Gilmors shall pay the NCVA its costs claimed for the Divisional Court proceedings of $14,674.25, all-inclusive.

[4] The Gilmors should not be required to pay for the NCVA's costs in responding to unsuccessful intervention motions ($14,570).

[5] The cost sought for the leave to appeal motion and appeal hearing are high, having regard to the costs in the Divisional Court, and should be reduced. In all of the circumstances, the Gilmors shall pay the NCVA $30,000, all-inclusive for costs on the appeal.

[6] The total costs payable by the Gilmors to the NCVA are $44,674.25, all inclusive.

[7] No order is made in respect of the Township of Amaranth.

"Doherty J.A."

"David Brown J.A."

"Grant Huscroft J.A."