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Civil Litigation Dicta - Costs - Salaried Counsel. Rebello v. Ontario (Transportation)
In Rebello v. Ontario (Transportation) (Ont CA, 2024) the Ontario Court of Appeal dismissed an appeal, here of "the order of the trial judge dismissing her claims arising from a mistakenly transferred Vehicle Identification Number (“VIN”) in 2018, and a medical drivers’ license suspension in 2016".
The court notes that the fact that Crown counsel are salaried does not negate it's entitlement to costs:[25] .... The argument that costs are not payable where a party is the Crown cannot succeed as s. 131(2) of the Courts of Justice Act provides to the contrary. See also Ontario v. Rothmans Inc., 2012 ONSC 1804, 28 C.P.C. (7th) 103, aff’d 2013 ONCA 353, at paras. 136-137. . Rebello v. Ontario (Community Safety and Correctional Services)
In Rebello v. Ontario (Community Safety and Correctional Services) (Ont CA, 2024) the Ontario Court of Appeal dismissed an appeal of an earlier dismissal "of her lawsuit alleging that the Ontario Provincial Police breached common law and statutory duties they owed to her by failing to meaningfully investigate complaints".
Here the court notes that costs may be awarded for salaried Crown counsel:[15] Finally, the appellant argues that the motion judge erred in ordering her to pay $24,247.69 in costs because she is a self-represented litigant and the amount is, in her view, exorbitant.
[16] Costs are a matter of the court’s discretion pursuant to s. 131 of the Courts of Justice Act, R.S.O. 1990, c. C.43 and r. 57.01(1) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. This court will not intervene unless costs were fixed and awarded based on an error of principle or the amount is plainly wrong: Galganov v. Russell (Township), 2012 ONCA 410, at para. 23.
[17] The motion judge considered the outlines submitted by the parties and awarded the respondent its costs on a partial indemnity scale. Contrary to the appellant’s submissions, a self-represented litigant is not exempt from costs nor is it inappropriate for a court to order costs for work done by salaried Crown counsel: CJA, s. 131(2); Solicitor’s Act, RSO 1990, c. S.15; Ontario v. Rothmans Inc., 2012 ONSC 1804, aff’d 2013 ONCA 353. The costs awarded by the motion judge were reasonable given the volume of pleadings and evidence, lengthy cross-examinations, the causes of action asserted by the appellant, and the number of case management attendances required. This ground of appeal also fails.
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