Citation and Court Information

CITATION: Rak v. Ontario College of Pharmacists, 2024 ONSC 3100

DIVISIONAL COURT FILE NO.: 653/19

DATE: 2024-06-03

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: CHARLES RAK, Appellant

AND:

ONTARIO COLLEGE OF PHARMACISTS, Respondent

BEFORE: R. Gordon and Matheson JJ.[^1]

COUNSEL: Julianna A. Greenspan and Brad Greenshields, for the Appellant M. Jill Dougherty and Lara Kinkartz, for the Respondent

HEARD: In writing.

COSTS ENDORSEMENT

[1] Dr. Rak’s appeal was allowed in part and the College’s cross-appeal was dismissed.[^2] With respect to costs, the parties were directed that if they were unable to agree, they were required to make brief written submissions. It does not appear that the parties notified the Court that they were unable to agree until recently.

[2] The appellant seeks costs. The appellant’s partial indemnity claim is $43,506 for fees and $16,106.57 for disbursements (mainly for transcripts). The respondent submits that each party should bear their own costs. The respondent’s partial indemnity costs are about $50,000.

[3] We have considered the written submissions of the parties regarding the factors set out in subrule 57.01(1) of the Rules of Civil Procedure in the exercise of our discretion and conclude that there shall be costs in favour of the appellant fixed at $40,000, all inclusive.

R. Gordon J.

Matheson J.

Date: June 3, 2024

[^1]: Justice Swinton, retired, took no part in this decision. [^2]: 2022 ONSC 3269