Ryder Leigh Gilliland

This costs endorsement follows the plaintiffs' success in defeating an anti-SLAPP motion to dismiss their libel action.

The court considered whether to award costs to the successful plaintiffs, referencing the discretion provided by section 137.1(8) of the Courts of Justice Act.

Finding that the defendant's impugned words were designed to cause serious detriment to the plaintiffs and undermine their business, the court exercised its discretion to award costs.

The court settled on a compromise amount, ordering the defendant to pay the plaintiffs $89,000 in all-inclusive costs.

The court dismissed the defendant’s anti-SLAPP motion under section 137.1 of the Courts of Justice Act, finding that Facebook posts made by the defendant accusing the plaintiffs of corruption and bribery were not protected as fair comment.

The posts, which followed a controversial development approval in Niagara-on-the-Lake, were found to be based on falsehoods and reckless disregard for the truth, with the defendant admitting he had “no proof” for his accusations.

The court held that the harm to the plaintiffs’ reputation and business interests outweighed the public interest in protecting the defendant’s expression, and that the posts were motivated by an ulterior motive to thwart the plaintiffs’ development project.

The appellants, Gianni Evangelisti and Freedom Pools Inc., appealed a lower court order dismissing their application for an injunction to prevent the Canadian Broadcasting Corporation (CBC) from publishing a story about disputes with their customers.

The appeal raised grounds concerning the refusal of cross-examination, apprehension of bias, and dismissal of Charter claims.

The Court of Appeal found no error in the application judge's exercise of case management powers or the dismissal of the application on its merits, affirming that the conduct did not reflect bias.

The appeal was dismissed.

The media appellants sought full, unredacted access to youth court records concerning eight young persons accused of second-degree murder, arguing that the open court principle (Dagenais-Mentuck test) should grant them presumptive access.

The Youth Court and Superior Court granted only partial, redacted access, holding that the Youth Criminal Justice Act (YCJA) statutory scheme for record access (s. 119(1)(s)) takes precedence over the common law open court principle.

The YCJA requires applicants to demonstrate a "valid interest" and that access is "desirable in the interest of the proper administration of justice," balancing public interest with the young persons' heightened privacy rights and rehabilitation goals.

The Superior Court also declined to hear the appellants' constitutional challenge to the YCJA provisions, deeming the Youth Court the more appropriate forum.

The Court of Appeal dismissed the appeal, affirming that the YCJA's specific statutory regime for youth record access is a valid exception to the open court principle and that the media must meet its criteria via a formal application on notice.

It also upheld the discretion not to hear the constitutional challenge at the Superior Court level.

The Applicant successfully sought costs on a full indemnity basis after having the Respondent declared a vexatious litigant.

The Respondent requested deferral of the costs decision pending an appeal of the vexatious litigant finding, which the court denied.

The court awarded full indemnity costs of $60,888.36, inclusive of HST and disbursements, finding such an award appropriate given the vexatious nature of the Respondent's conduct and the importance of the application in curbing abusive proceedings.

The applicants sought an interim, interlocutory, and permanent injunction to prevent the Canadian Broadcasting Corporation from publishing a news story regarding alleged breaches of contract and customer complaints.

They also sought damages from former customers who spoke to the CBC.

The court dismissed the application, finding that the applicants failed to meet the high test for an injunction in defamation proceedings, particularly given the constitutional protection of freedom of expression.

The court also found that damages would be an adequate remedy and that the balance of convenience favored the respondents.

Costs were awarded on a full indemnity basis due to the improper and vexatious nature of the application, including the naming of former customers as respondents.

The applicant sought a declaration that the respondent was a vexatious litigant under section 140 of the Courts of Justice Act, along with an order prohibiting further proceedings without leave and requiring payment of outstanding costs.

The court reviewed the respondent's history of litigation, including persistent unsuccessful appeals, failure to pay costs, abusive conduct, and meritless applications.

The court found the respondent's conduct to be vexatious, abusive, and a drain on judicial resources, granting the applicant's request for a vexatious litigant declaration and associated relief.

This is a costs endorsement following the successful dismissal of a defamation action under anti-SLAPP provisions.

The defendants sought full indemnity costs, while the plaintiff argued for a reduced scale due to the defendants' delay in bringing the anti-SLAPP motion and their conduct.

The court, applying the framework from Levant v DeMelle, found that the plaintiff's action bore hallmark indicia of an anti-SLAPP suit, justifying the presumptive full indemnity costs.

The court dismissed the plaintiff's arguments regarding delay and conduct, finding the requested costs proportionate and reasonable.

The media applicants sought certiorari to quash a Youth Court judge's decision regarding access to youth court records in a high-profile murder case, arguing the judge erred in applying the Dagenais/Mentuck/Sherman Estates test and requiring a formal application.

They also sought to bring a constitutional challenge to the Youth Criminal Justice Act's access provisions.

The court dismissed the certiorari application, finding the Youth Court judge correctly applied the test by balancing the open court principle with the YCJA's privacy protections for young persons, and that a formal application is required for media access under s. 119(1)(s)(ii).

The court also declined to hear the constitutional challenge, stating it should first be heard in Youth Court where a full record is available and which has exclusive jurisdiction over YCJA access issues.

The defendant, University of Ottawa, brought a motion to dismiss a proposed class action for delay under section 29.1 of the Class Proceedings Act, 1992.

The action, commenced in May 2018, was subject to a mandatory dismissal date of October 1, 2021, due to transition provisions, as no certification motion had been filed nor a timetable agreed upon or ordered.

The plaintiff argued that settlement negotiations constituted steps to advance the proceeding and that promissory estoppel applied.

The court found that settlement negotiations do not satisfy the statutory requirements and that there was no evidence to establish promissory estoppel.

The motion was granted, and the action was dismissed with costs.

The appellant, a creditor of the Kyrgyz Republic, appealed the dismissal of its garnishment motion against Centerra Gold Inc., seeking to garnish a $50 million intercompany payment made by Centerra to its subsidiary, Kumtor Gold Company CJSC (KGC), as part of a court-approved plan of arrangement.

The appellant argued that the Kyrgyz Republic was the alter ego of KGC due to de facto appropriation.

The Court of Appeal dismissed the appeal, finding no reversible error in the application judge's determination that Centerra had not lost all control over KGC and was not deprived of all economic benefits, and that KGC remained a separate corporate entity.

This is an appeal from a judgment granting partial summary judgment and dismissing a counterclaim.

The appellants argued the motion judge erred in hearing the partial summary judgment motion, in granting the judgment, in awarding duplicative compensation, and in appreciating fraudulent concealment.

The Court of Appeal dismissed the appeal, finding no palpable or overriding errors in the motion judge's decision to hear the partial summary judgment, her findings of fact, or her awards of punitive damages and full indemnity costs, which were distinct from the denial of a success fee.

The claim regarding fraudulent concealment was also dismissed for lack of specificity.

The moving parties, NDrive, Navigation Systems S.A. and its directors, sought security for costs under Rule 61.06(1) of the Rules of Civil Procedure against the appellants (Zhou parties) in an ongoing appeal.

The motion judge had previously found the appellants liable for civil fraud, awarded substantial damages and full indemnity costs, and noted their shocking and reprehensible litigation conduct.

The Court of Appeal granted the motion for security for costs, totaling $300,000, finding that the prior findings of fraud and litigation misconduct, coupled with the appellants' insufficient assets in Ontario, constituted "other good reason" under Rule 61.06(1)(c).

The appellant, R.W. (Brad) Blair, appealed the dismissal of his defamation action against Premier Doug Ford, which was dismissed under an anti-SLAPP motion (s. 137.1 of the Courts of Justice Act).

Ford cross-appealed the costs award.

The Court of Appeal dismissed Blair's appeal, upholding the dismissal of the defamation action, and allowed Ford's cross-appeal in part regarding the timing of costs payment, making the full award immediately payable.

The court also quashed appeals from preliminary interlocutory orders due to lack of jurisdiction.

The Plaintiff sought substantial indemnity costs against the Defendants Zhou and Aguazion Inc. following two successful motions: a Mareva injunction and a variation of that order due to Zhou's fraud and misrepresentation.

The court awarded partial indemnity costs for the first motion, payable in the cause, and substantial indemnity costs for the second motion, fixed at $52,415.07, payable forthwith or from the Alternative Payment of Security Option (APSO) fund.

The judge found Zhou's conduct, including perjury and misleading evidence, warranted serious costs consequences, justifying substantial indemnity for the second motion.

The appeal concerns the openness of a police services board hearing regarding an extension of time for service of a disciplinary notice.

Following an investigation by the Ontario Independent Police Review Director into allegations of police misconduct in the investigation of the death of an Indigenous man, a retired judge appointed as a substitute decision-maker ordered that the extension hearing be held in camera.

The Canadian Broadcasting Corporation and First Nation complainants sought judicial review, arguing that the hearing should be open pursuant to section 2(b) of the Canadian Charter of Rights and Freedoms.

The Divisional Court upheld the in camera order, finding that the Dagenais/Mentuck test did not apply to administrative proceedings and that the statutory test under the Police Services Act was sufficient.

The Court of Appeal allowed the appeal, finding that while the Dagenais/Mentuck test does not apply to administrative proceedings, the Charter right to freedom of expression and freedom of the press recognized in Langenfeld applies to police services board meetings, and the presumption of openness under the Police Services Act must be considered in light of this Charter protection.

The appellant appealed from an order of the Superior Court of Justice dismissing two related proceedings and striking out his statement of defence in a third proceeding arising from an aborted real estate transaction in 2004.

The appellant had accumulated multiple costs orders and failed to meet a 60-day deadline to pay outstanding costs.

The Court of Appeal allowed the appeal on the condition that the appellant pay all outstanding costs within 30 days, finding that dismissal without notice to the appellant regarding one of the actions was improper and that a trial on the merits was preferable.

The appellants appealed the motion judge's decision refusing to dismiss a defamation action under the Anti-SLAPP provisions of the Courts of Justice Act.

The respondents, a cigarette manufacturer and its CEO, sued over a magazine article published by the appellants that connected them to organized crime, terrorism, and tobacco smuggling.

The motion judge found the action had substantial merit, that no valid defences existed, and that the harm to the respondents outweighed the public interest in protecting the appellants' expression.

The appellants argued the motion judge erred in balancing public interests, in assessing harm without evidence of financial loss, and in rejecting the justification defence.

The Court of Appeal dismissed the appeal, upholding the motion judge's decision.

The Canadian Broadcasting Corporation (CBC) sought to unseal the remaining redacted portions (approximately 25%) of an Information to Obtain (ITO) a search warrant related to an RCMP investigation into alleged investor fraud by Fortress Real Capital Inc. and associated entities.

The Crown resisted, arguing that further disclosure would compromise the ongoing investigation and prejudice innocent third parties.

The court, applying the Dagenais/Mentuck test, found that the Crown had justified the redactions, citing a serious and specific risk to the integrity of the investigation due to undisclosed law enforcement techniques and the potential for specific financial harm to an innocent person.

The court also noted the ongoing nature of the investigation and the large volume of unanalyzed seized material as factors supporting continued redaction of other third parties' identities.

The application for further unsealing was dismissed.

Media organizations applied for access to and the ability to publish the contents of an Information to Obtain supporting a search warrant in a major police investigation.

The Provincial Crown and an accused sought a publication ban on references to non-consensual intercepted private communications, arguing protection of the wiretap regime and fair trial rights.

Applying the Dagenais/Mentuck test, the court held that generalized concerns about the wiretap regime and speculative risks to a future jury trial were insufficient to justify restricting openness.

The court emphasized the strong presumption of open courts and the public interest in scrutiny of judicial authorizations and police investigations.

Balancing the competing interests, the court concluded that the salutary effects of a publication ban did not outweigh the significant deleterious effects on freedom of expression and public accountability.