Sheldon Erentzen

Following a successful appeal, the appellant police service sought costs of over $90,000.

The Court of Appeal awarded the appellant $20,000 for the costs of the underlying application.

However, the court found the requested appeal costs unreasonable, noting the appeal involved novel issues that the appellant had an institutional interest in resolving.

The court fixed the appeal costs at $25,000, payable by the respondent.

No costs were ordered for or against the interveners.

The respondent, whose criminal charges for sexual offences were withdrawn upon entering a peace bond, applied for jobs requiring a Vulnerable Persons Search.

He signed consent forms authorizing the Toronto Police Service to conduct the search.

The Peel Police Service disclosed the withdrawn charges to the Toronto Police Service.

The respondent obtained an injunction prohibiting the Peel Police Service from disclosing the withdrawn charges.

The Court of Appeal allowed the appeal, holding that the disclosure was authorized by the respondent's consent under s. 32(b) of the Municipal Freedom of Information and Protection of Privacy Act.

The Court also dismissed the respondent's cross-appeal, finding no violation of his Charter rights under ss. 7 and 8.