CITATION: Torok v. Ministry of Community and Social Services, 2012 ONSC1996

DIVISIONAL COURT FILE NO.: 260/10

DATE: 20120402

SUPERIOR COURT OF JUSTICE - ONTARIO

(DIVISIONAL COURT)

RE: richard Torok v. ministry of community and social services director, ontario disability support program

BEFORE: Then R.S.J., Jennings and Swinton JJ.

COUNSEL: Richard Torok in person

Michelle M. Schrieder, for the Respondent

HEARD AT TORONTO: submissions in writing

E N D O R S E M E N T

[1] The appellant, Richard Torok, appeared on his own behalf on an appeal to the Divisional Court from the Social Benefits Tribunal. As he succeeded on his appeal, he seeks costs of the hearing before the Tribunal and his disbursements for the appeal to the Divisional Court.

[2] This Court has no jurisdiction to award costs before the Tribunal.

[3] The appellant has provided a number of receipts to support his claim for $1,141.80 for costs of the appeal to the Divisional Court. Of this sum, $300 is sought to pay parking and meal costs of a group who helped him with the appeal. Despite his good intentions, this is not an appropriate disbursement, and $300 must be deducted from the amount sought.

[4] The respondent also argues that a further $100 should be deducted for "page numbering, index assembling and proof-reading". As the appellant provided a receipt for this item from Offices Services Toronto, he can claim this amount.

[5] Accordingly, costs to Mr. Torok are awarded in the amount of $941.80, payable within 30 days. This amount should not be deducted from his benefits, as it is compensation for his out-of-pocket expenses incurred for the appeal.

Then R.S. J.

Jennings J.

Swinton J.

DATE: April , 2012