COURT OF APPEAL FOR ONTARIO

DATE: 20260121

DOCKET: M56430 (COA-25-CV-0209)

Roberts J.A. (Motion Judge)

BETWEEN

The Corporation of the Township of Adjala-Tosorontio

Applicant (Respondent/Responding Party)

and

Timothy Saunders and Alvin Lindhorst

Respondents (Appellants/Moving Parties)

Alvin Lindhorst, acting in person, and for Timothy Saunders

James J. Feehely, Tanja Webster and Debbie Anderson, for the Corporation of the Township of Adjala-Tosorontio

Mohsen Seddigh, appearing as amicus curiae , Pro Bono Ontario

Heard: December 3, 2025

COSTS ENDORSEMENT

Overview

[ 1 ] On December 30, 2025, I dismissed the moving parties’ motions to set aside the Registrar’s notice of dismissal of their appeal and to extend the time for the perfection of their appeal. I invited the parties to submit brief written submissions, if they could not agree on the disposition of the costs of the motions. I have received and reviewed the parties’ submissions.

[ 2 ] The Township asks for partial indemnity costs in the all-inclusive amount of $8,644.50. This amount includes time incurred in relation to the dismissed appeal for which the Township was awarded $750. While I recognize that the Township was required to spend some time reviewing the appeal materials to respond to these motions, I conclude that a reduction is required.

[ 3 ] The Township is therefore entitled to the all-inclusive amount of $7,500 from the moving parties, jointly and severally, within 30 days of the release of this endorsement.

“L.B. Roberts J.A.”