Warning

Prohibitions under the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched. 1 apply to this decision:

Prohibition re identifying child 87(8) No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding, or the child’s parent or foster parent or a member of the child’s family.

Prohibition re identifying person charged 87(9) The court may make an order prohibiting the publication of information that has the effect of identifying a person charged with an offence under this Part.

Transcript 87(10) No person except a party or a party’s lawyer shall be given a copy of a transcript of the hearing, unless the court orders otherwise.

Offences re publication 142(3) A person who contravenes subsection 87 (8) or 134 (11) (publication of identifying information) or an order prohibiting publication made under clause 87 (7) (c) or subsection 87 (9), and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation, is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than three years, or to both.

Court File and Parties

COURT OF APPEAL FOR ONTARIO

DATE: 20210419 DOCKET: C68909

Fairburn A.C.J.O., Tulloch and Miller JJ.A.

BETWEEN

P.Y. and A.Y. Plaintiffs (Appellants)

and

The Catholic Children’s Aid Society of Toronto et al. Defendants (Respondents)

Counsel: P.Y., acting in person A.Y., acting in person Carole Jenkins, for the respondents The Catholic Children’s Aid Society of Toronto, Mary McConville, Janice Robinson and Rena Knox Domenico Polla, for the respondents Her Majesty the Queen in Right of Ontario, The Office of the Children’s Lawyer of Toronto and Katherine Kavassalis Sean Dewart and Ruben Lindy, for the respondent Frances Ann Gregory Susan M. Sack, for the respondent Fatma A. Khalid Charles Sinclair, for the respondent Haeley Gaber-Katz Logan Crowell, for the respondent The Hospital for Sick Children Daniel Bassili, for the respondent Conseil Scolaire Catholique Mon Avenir

Heard: in writing

On appeal from the judgment of Justice Frederick L. Myers of the Superior Court of Justice, dated October 30, 2020, with reasons reported at 2020 ONSC 6660.

Costs Endorsement

[1] This court issued reasons on March 16, 2021, dismissing the appeal from the dismissal of the action against the remaining defendants as being frivolous and vexatious, pursuant to r. 2.1.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194.

[2] The appellants did not respond to the communication request sent by the counsel for the following respondents: The Catholic Children’s Aid Society of Toronto, Mary McConville, Janice Robinson, and Rena Knox. As such, they were unable to arrive at an agreement.

[3] We have reviewed the written submissions provided by the parties. The respondents, The Catholic Children’s Aid Society of Toronto, Mary McConville, Janice Robinson, and Rena Knox, seek partial indemnity costs in the amount of $2,344.75. The respondent, The Hospital for Sick Children, seeks partial indemnity costs in the amount of $1,062.88. Lastly, the appellants request that there be no order for costs.

[4] The requested partial indemnity costs are reasonable. We order that the appellants shall pay to the respondents, The Catholic Children’s Aid Society of Toronto, Mary McConville, Janice Robinson, and Rena Knox, costs in the amount of $2,344.75. We also order that the appellants shall pay to the respondent, The Hospital for Sick Children, costs in the amount of $1,062.88. All costs are inclusive of disbursements and applicable taxes.

“Fairburn A.C.J.O.”

“M. Tulloch J.A.”

“B.W. Miller J.A.”