Paulette Susan Haynes

Following a four‑day trial under the Simplified Rules in which the action was dismissed, the defendant sought substantial indemnity costs relying on a Rule 49 offer to settle.

The plaintiff argued that no costs should be ordered or that costs should be limited to a modest amount due to the nature of simplified procedure and the unsettled state of the law on the facts.

The court accepted that costs in Simplified Rules proceedings are often significantly lower than ordinary trial costs and should be assessed with that expectation in mind.

Considering the Rule 49 offer and the factors in Rule 57, the court fixed the defendant’s costs at a reduced amount inclusive of taxes and disbursements.

A volunteer at a community radio station alleged harassment by another volunteer and sought an injunction requiring the station to enforce its harassment policies, along with damages.

The court considered whether it should intervene in the internal affairs of a private volunteer organization that had not strictly followed its written harassment procedures.

Applying jurisprudence governing judicial oversight of voluntary associations, the court held that internal decision-making in such organizations attracts deference and intervention should be exercised cautiously.

Although the station did not strictly comply with its policies, it acted in good faith, made repeated efforts to resolve the dispute, and substantially complied with the spirit of its procedures.

In the circumstances, judicial intervention was not warranted.