Court File and Parties

Court of Appeal for Ontario Date: 2023-07-26 Docket: M54207 (COA-23-CV-0342)

Before: Harvison Young J.A. (Motion Judge)

Between: College of Physicians and Surgeons of Ontario, Applicant (Respondent/Responding Party)

And: Rochagné Killian, Respondent (Respondent/Responding Party)

Counsel: Amina Sherazee, for the moving parties/proposed interveners/appellants Peter Wardle and Evan Rankin, for the responding party/applicant/respondent Paul Slansky, for the responding party/respondent/respondent

Heard: April 20, 2023

Costs Endorsement

[1] I have now had the opportunity to review the costs submissions in this matter filed by both the moving parties patients and the respondent.

[2] I am satisfied that costs should be payable on a substantial indemnity basis for the reasons outlined by the CPSO in its submissions. This motion to add intervenors was part of a strategy largely designed to delay the s. 87 application from proceeding and which, in and of itself, gave rise to significant unnecessary legal expenses and delay in the hearing of the s. 87 application.

[3] Costs are ordered payable by the respondents in the amount of $16,000 which is fair and reasonable in the circumstances. If those costs are not satisfied within 30 days, counsel may seek a further order through the motion office which I will address.

“A. Harvison Young J.A.”