Court File and Parties

CITATION: Masters v. Claremont Development Corporation, 2021 ONSC 3983

DIVISIONAL COURT FILE NO.: 471/20

DATE: 2021-06-04

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: DAVID MASTERS, Appellant

AND: CLAREMONT DEVELOPMENT CORPORATION, Respondent

BEFORE: Swinton, Lederer and Favreau JJ.

COUNSEL: Eric Gillespie and Ian Flett, for the Appellant Mark Flowers and Alex Lusty, for the Respondent Christopher Lee and Tamara Watson, for the City of Pickering Stan Floras, for the Local Planning and Appeal Tribunal

HEARD at Toronto: costs submissions in writing

COSTS ENDORSEMENT

[1] The respondent Claremont Development Corporation was successful on the appeal and seeks costs of $34,377.28 on a substantial indemnity basis. It does so based on a settlement offer dated December 30, 2020 in which it offered to agree to an order requesting the appeal be allowed and a new hearing held at the Local Planning and Appeal Tribunal (“LPAT”) on the application of the Clergy Principle.

[2] The appellant submits that he is a public interest litigant, and no costs should be ordered against him. He also argues that the respondent’s failure to comply with the case management order requiring it to file costs submissions before the appeal was heard should result in a denial of costs.

[3] The appellant has not demonstrated that he is a public interest litigant who should be excused from paying costs.

[4] In our view, costs should follow the event. However, we would not award costs to the respondent on a substantial indemnity basis. This is not a situation where Rule 49 applies, and we do not see any reason to order costs on an elevated basis.

[5] This was a half day hearing, raising issues that had been argued before LPAT and in the leave motion. In our view, costs on a partial indemnity basis in the amount of $20,000 are fair and reasonable.

[6] Accordingly, the appellant is ordered to pay costs to the respondent in the amount of $20,000 within 30 days.

[7] Neither LPAT nor the City of Pickering seeks costs, and none are awarded.

Swinton J.

Lederer J.

Favreau J.

Release Date: June 4, 2021