The appellants were unsuccessful in their appeal of a decision refusing to certify their class action.
The respondents sought costs on a partial indemnity basis.
The Divisional Court adopted the approach of the motion judge, who had awarded approximately 15% of the amounts claimed by the respondents, reflecting the principle that costs against unsuccessful plaintiffs in certification motions are typically modest to promote access to justice.
Costs were fixed at $6,600 for the TTC, $1,600 for Pinchin Environmental, and $400 for the Crown.
