Reid Gomme

This is a costs endorsement following an appeal.

The parties settled the costs of the appeal, agreeing that the respondent would pay the appellants an all-inclusive amount of $75,000.

The Ontario Court of Appeal allowed an appeal by seven youth challenging the constitutionality of Ontario's greenhouse gas emission reduction target and plan.

The application judge had dismissed their claim, characterizing it as seeking positive rights.

The Court of Appeal found this was an error, clarifying that the case concerned whether Ontario's voluntarily assumed statutory obligation to combat climate change was Charter compliant under ss. 7 (life, liberty, security of the person) and 15 (equality).

The matter was remitted for a new hearing to determine if the Target and Plan violated the Charter.

The applicants, who were unsuccessful in their constitutional challenge regarding Ontario's response to climate change, and the respondent, who successfully defended the application, both sought costs.

The respondent sought $45,000 on a partial indemnity basis, while the applicants sought $96,999.79 or, alternatively, no costs.

The court applied the factors for public interest litigation and declined to award costs to the successful respondent, noting the applicants had no pecuniary interest, the issues were of existential public importance, and the respondent had superior capacity to bear costs.

The court also declined to award costs to the unsuccessful applicants, finding this was not one of the rare cases justifying such an award.

The court ordered that each party bear their own costs.

The applicants, seven young Ontarians, brought an application challenging Ontario's greenhouse gas reduction target (the "Target") set under the Cap and Trade Cancellation Act, 2018.

They argued that the Target, which aims to reduce emissions by 30% below 2005 levels by 2030, is unconstitutional and violates their rights under sections 7 and 15 of the Charter.

The court found that the issues were justiciable, as they involved a challenge to specific state action and legislation.

However, the court dismissed the application, concluding that while climate change poses a severe threat and disproportionately impacts youth, the Target itself does not violate the Charter.

The court held that section 7 does not impose positive obligations on the state to enact more stringent environmental policies, and the Target is not arbitrary or grossly disproportionate.

Furthermore, the court found no section 15 violation, as the disproportionate impacts are caused by climate change itself, not the impugned legislation, and the Charter does not impose a positive obligation to remedy social inequalities.