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POA - Costs. R. v. Consolidated Homes Ltd.
In R. v. Consolidated Homes Ltd. (Ont CA, 2025) the Ontario Court of Appeal dismissed a Crown leave to appeal application (which would be the second appeal), here against an earlier appeal acquittal against a conviction under the Endangered Species Act:
The court denies costs on a POA matter, here a defendant-successful Cown appeal:[47] I would also deny CHL’s request for costs. The general rule is that “in proceedings under the [POA] ... no costs are awarded either against the Crown or the defendant”: R. v. Felderhof (2003), 2003 CanLII 37346 (ON CA), 68 O.R. (3d) 481 (C.A.), at para. 100. This court does not normally award costs on motions for leave under the POA: see e.g., Ontario (Labour) v. Bondfield Construction Company Limited, 2023 ONCA 813, at para. 30. Moreover, judges of this court have held that there is no jurisdiction to order costs on motions brought under s. 131: see R. v. Laundry (1996), 1996 CanLII 1334 (ON CA), 93 O.A.C. 100 (C.A.); R. v. Rankin, 2007 ONCA 426, 86 O.R. (3d) 399, at para. 3. Even if I had jurisdiction to order costs, I see no reason here to depart from the general rule that there are ordinarily no costs awarded in POA matters.
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