COURT FILE NO.: 74/04
DATE: 20040316
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MACFARLAND, THEN AND MCCOMBS JJ.
B E T W E E N:
THE ONTARIO CONFERENCE OF JUDGES
Applicant
- and -
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO AS REPRESENTED BY THE CHAIR OF MANAGEMENT BOARD
Respondent
C. Michael Mitchell and C. Wiseman, for the Applicant
Janet E. Minor and Sean Hanley, for the Respondent
HEARD: March 16, 2004
macfarland J.: (Orally)
[1] In our view, the delay necessitated in this case must be laid entirely at the feet of the Government. From the time the Commission delivered its report, counsel for the Conference has politely by letter asked when implementation would take place and was consistently ignored.
[2] The Government’s position was unknown to the applicant until Friday last when it delivered its factum in response to the Conference’s judicial review application returnable this date.
[3] The Government issued its Notice of Application for Judicial Review of the Commission decision March 11th and its factum March 15th, 2004, where the position taken in its responding factum is more fully developed. No application record has been filed by the Government nor is the Tribunal’s record before this Court.
[4] It is, in our view, no answer for the Government in these circumstances to say that the request for adjournment comes from the applicant. While that may technically be so, it is the Government’s cavalier approach which necessitated the request. Neither the applicant nor the Court is in any position to address the merits of the Government’s position in view of the short notice and lack of a proper record.
[5] In our view, the conduct in this case requires that costs be awarded against the Government on the highest scale and complete indemnity provided to the applicant. Costs to the applicant therefore are fixed in the sum of $34,195.00, inclusive of disbursements and GST. Both applications will be adjourned to April 7th, 2004.
MACFARLAND J.
THEN J.
MCCOMBS J.
Date of Reasons for Judgment: March 16, 2004
Date of Release: March 24, 2004
COURT FILE NO.: 74/04
DATE: 20040316
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MACFARLAND, THEN AND MCCOMBS JJ.
B E T W E E N:
THE ONTARIO CONFERENCE OF JUDGES
Applicant
- and -
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO AS REPRESENTED BY THE CHAIR OF MANAGEMENT BOARD
Respondent
ORAL REASONS FOR JUDGMENT
MACFARLAND J.
Date of Reasons for Judgment: March 16, 2004
Date of Release: March 24, 2004