In 2607634 Ontario Ltd. v. Thareja (Ont Div Ct, 2025) the Ontario Divisional Court dismissed an appeal, here brought against a motion order declaring a construction lien "expired and vacated".
Here the court considers the costs provision [s.86] of the Construction Act:
[11] Lastly, the appellant appeals the substantial indemnity costs order though he made no oral submissions regarding this at the hearing of the appeal. Before Justice Stewart, the appellant also did not submit cost submissions.
[12] There is a discretion to award costs on a substantial indemnity basis under s. 86 of the Act. An appellate court will only interfere where the justice made an error in principle in their costs decision, or if the award is plainly wrong. Justice Stewart determined there was misconduct in the appellant’s delay and awarded substantial indemnity costs. I have not been persuaded she made an error in principle or that the award was plainly wrong.
[13] After reviewing the bill of costs and hearing the submissions of the parties, I conclude that a reasonable and proportionate award of costs for this appeal is the fixed sum of $8,500 all-inclusive to be paid to the respondent.
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