S. Hutt

This costs endorsement followed a successful motion by Sterling O&G International Corporation for leave to be represented by its director, Govind Thawani.

Sterling sought $5 million (or $5,749) in costs, while Alamos Gold Inc., Denis Flamand, and 939610 Ontario Limited sought no costs or fixed amounts.

The court, exercising its discretion under the Courts of Justice Act and Rules of Civil Procedure, found Sterling's costs claim unsubstantiated, particularly regarding lost opportunity costs for a self-represented litigant.

The court also noted Sterling's rejection of a reasonable settlement offer from Alamos.

Ultimately, the court ordered that each party bear their own costs, expressing serious concerns about Sterling's unsubstantiated allegations and excessive costs request.

The defendant/plaintiff by counterclaim, a corporation, brought a motion seeking leave under Rule 15.01(2) of the Rules of Civil Procedure to be represented by its sole director, officer, and shareholder, a non-lawyer.

The opposing parties argued the action was complex and the representative would be a key witness.

The court granted the motion, finding the representative capable of advocating for the single-person corporation and noting there is no principled reason to deny leave when an individual would have the right to self-represent.