Court File and Parties
CITATION: Canadian Snowbirds Association Inc. v. Attorney General of Ontario, 2021 ONSC 2848
DIVISIONAL COURT FILE NO.: 657/19
DATE: 2021/04/08
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Sachs, Backhouse and Pattillo JJ.
BETWEEN:
Canadian Snowbirds Association Inc. and Robert Slack
Applicants
– and –
Attorney General of Ontario and the Honourable Christine Elliott, Minister of Health for the Province of Ontario
Respondents
Counsel:
Scott Fairley and Joan Kasozi, for the Applicants
Hart Schwartz, Vanessa Glasser and Robert Ratcliffe, for the Respondents
HEARD in writing
Reasons for Costs
H. Sachs J.
[1] On September 23, 2020 we allowed the application for judicial review and declared the impugned regulation to be ultra vires. We dismissed the Charter claims and the request for a mandamus order. We also invited the parties to make written submissions on costs. Unfortunately, through some error, the submissions were sent to the Divisional Court office, but were not received by the panel members until the past week. We have now reviewed those submissions and these are our reasons as to costs.
[2] The Applicants are seeking costs in the amount of $153, 499.07 on a partial indemnity basis. We agree with the Respondents that these costs are excessive and unreasonable and bear little relationship to the costs that an unsuccessful litigant would expect to pay if the Regulation in question was found to be ultra vires. This was a one-day hearing and a large portion of the costs incurred relate to the Applicants’ unsuccessful Charter claims.
[3] The Respondents argue that there should be no costs, given the previous case law on the issue. We disagree. For the reasons given, the facts in this case were different than those in the prior cases. In the alternative, the Respondents submit that the costs awarded should not exceed $35,000.00.
[4] Taking into account the purposes and principles governing the award of costs, we find that a fair and reasonable amount to award the Applicants for the costs in this case is $50,000.00, all inclusive.
H. Sachs J.
I agree _______________________________
Backhouse J.
I agree _______________________________
Pattillo J.
Released: April 8, 2021
CITATION: Canadian Snowbirds Association Inc. v. Attorney General of Ontario, 2021 ONSC 2848
DIVISIONAL COURT FILE NO.: 657/19
DATE: 2021/04/08
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Sachs, Backhouse and Pattillo JJ.
BETWEEN:
Canadian Snowbirds Association Inc. and Robert Slack
Applicants
– and –
Attorney General of Ontario and the Honourable Christine Elliott, Minister of Health for the Province of Ontario
Respondents
REASONS FOR COSTS
H. SACHS J.
Released: April 8, 2021