Whitaker J.

Following a successful application for judicial review where the court found a denial of procedural fairness by the Town, the applicant sought costs on a full indemnity basis for the application and several related motions.

The Divisional Court held it lacked jurisdiction to award costs for the related motions or to set aside a previous costs order.

However, the court awarded the applicant substantial indemnity costs of $44,329.66 for the judicial review application, citing the Town's conduct that unnecessarily lengthened the proceeding and the denial of procedural fairness.

The Divisional Court issued a supplementary endorsement fixing the costs of the appeal.

The respondent was ordered to pay the appellant $10,000 inclusive of disbursements, plus HST.

The court also granted the parties leave to provide written submissions on whether the trial judge's award of costs of the trial should be varied.

Following the dismissal of the appellant's appeal, the Divisional Court issued a supplementary endorsement regarding costs.

The appellant was ordered to pay the respondent's costs of the appeal, fixed at $5,000 inclusive of disbursements plus HST.

The costs were directed to be paid to Legal Aid Ontario.

The appellant sought to appeal a final order striking her two Superior Court proceedings, which claimed damages of $8.2 million and $100,000.

The Divisional Court found that an appeal of a final order in these amounts falls within the exclusive jurisdiction of the Court of Appeal.

Consequently, the appeals were transferred to the Court of Appeal.