Court File and Parties
CITATION: Berge v. College of Audiologists, 2020 ONSC 4557
COURT FILE NO.: 291/15
DATE: 20200727
SUPERIOR COURT OF JUSTICE - DIVISIONAL COURT - ONTARIO
RE: Berge v. College of Audiologists
BEFORE: MacLeod R.S.J. and D.L. Corbett and Faieta JJ.
COUNSEL: Ernest Guiste, for Brenda Berge
Bernard C. LeBlanc and Natasha S. Danson, for College of Audiologists
Endorsement
[1] On behalf of his client, Mr Guiste moves before this panel pursuant to R.37 for an order varying or setting aside this court’s costs disposition in this application. We will not require the College to respond to this motion. It is manifestly devoid of merit.
[2] This court has decided the underlying application on a final basis (2019 ONSC 3351). This court has also made its costs disposition on a final basis (2019 ONSC 6093). The moving party asks this court to revisit costs on the basis that the court’s reasons in respect to costs do not, in the view of the moving party, address several of the applicant’s submissions respecting the costs of various steps taken in the application.
[3] All of these points were made in the applicant’s costs submissions and considered by this court in arriving at its costs disposition. The fact that the court did not give reasons in respect to each and every point raised by the moving party in respect to costs is not a basis to suppose that the arguments were not considered. Indeed, this court frequently gives no reasons at all on the issue of costs, and where reasons are given, they are usually summary.
[4] This court is now functus officio in this case, including costs. If the moving party considers the costs decision infirm, her remedy is in the Court of Appeal, not here.
[5] Given the current suspension of ordinary court operations due to COVID-19, this decision is effective on the date this unsigned copy is sent to the parties by email. A signed copy of the endorsement will be forwarded to the parties in due course.
[5]
“MacLeod R.S.J.”
“D.L. Corbett J.”
“Faieta J.”
Date: July 27, 2020