Adjala-Tosorontio (Township) v. Saunders
- Citation
- 2026 ONCA 42
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Court of Appeal for Ontario
- Decision
- 21 January 2026
- Posture
- Appeal (civil) / Costs Endorsement Following Dismissal of Motions to Set Aside Registrar's Notice and to Extend Time
- Language
- English
More details
- Court
- Court of Appeal for Ontario
- Decision
- 21 January 2026
- Posture
- Appeal (civil) / Costs Endorsement Following Dismissal of Motions to Set Aside Registrar's Notice and to Extend Time
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The motions were dismissed and the Township was entitled to partial indemnity costs, but the claimed amount required reduction because it included time related to a previously awarded $750; the Court awarded the Township an all-inclusive amount of $7,500 to be paid jointly and severally by the moving parties within 30 days.
Court disposition
Motions dismissed; costs awarded to the Township
Orders
- The moving parties, jointly and severally, shall pay the Corporation of the Township of Adjala-Tosorontio the all-inclusive amount of $7,500 within 30 days of release of this endorsement.
02
Material facts
Parties
The Corporation of the Township of Adjala-Tosorontio
Applicant (respondent/responding Party) Counsel: James J. Feehely; Tanja Webster; Debbie AndersonTimothy Saunders
Respondent (appellant/moving Party) Counsel: Alvin Lindhorst (appearing)Alvin Lindhorst
Respondent (appellant/moving Party) Counsel: Self-representedAmounts and remedies
- Claimed Costs: CAD 8,644.5
- Awarded Costs: CAD 7,500
- Previously Awarded Amount: CAD 750
03
Procedural history
Posture
Appeal (civil) / Costs Endorsement Following Dismissal of Motions to Set Aside Registrar's Notice and to Extend Time
04
Questions and positions
Legal issues
- 01
Whether the moving parties' motions to set aside the Registrar's notice of dismissal and to extend time should be dismissed
- 02
Whether and in what amount the moving parties should pay costs for the motions
- 03
Whether a reduction in the costs sought by the respondent (Township) was required because part of the claimed time related to a previously awarded amount
Party arguments
- Applicant
- The Township sought partial indemnity costs in the all-inclusive amount of $8,644.50, which included time and an earlier $750 award related to the dismissed appeal, and asked for costs against the moving parties.
- Respondent
- The moving parties opposed the full costs claim and submitted that the Township should not recover the full amount sought because some of the time claimed related to the dismissed appeal and had already been the subject of an earlier award; they sought a reduction in the costs payable.
05
Court’s reasoning
Legal principles
- 01
Court of Appeal for Ontario practice and jurisprudence
Costs are awarded to the successful party on a scale (here partial indemnity) absent reason to depart from that norm
- 02
Court of Appeal for Ontario practice and jurisprudence
Costs claims that include time duplicative of, or already compensated by, earlier awards should be reduced
06
Ratio, limits and disposition
Ratio decidendi
The motions were dismissed and the Township was entitled to partial indemnity costs, but the claimed amount required reduction because it included time related to a previously awarded $750; the Court awarded the Township an all-inclusive amount of $7,500 to be paid jointly and severally by the moving parties within 30 days.
Obiter and limits
- The Court noted the Township reasonably had to review appeal materials to respond to the motions
- The Court invited brief written submissions on costs from the parties when they could not agree on costs
Court disposition
Motions dismissed; costs awarded to the Township
- The moving parties, jointly and severally, shall pay the Corporation of the Township of Adjala-Tosorontio the all-inclusive amount of $7,500 within 30 days of release of this endorsement.
Source and reliance status
Court of Appeal for Ontario · 21 January 2026
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of Appeal for Ontario
Judgment· 21 January 2026
Adjala-Tosorontio (Township) v. Saunders Collection Decisions of the Court of Appeal Date 2026-01-21 Neutral citation 2026 ONCA 42 Docket numbers COA-25-CV-0209, M56430 Judges Roberts, Lois B. Subject Civil Decision Content
COURT OF APPEAL FOR ONTARIO CITATION: Adjala-Tosorontio (Township) v. Saunders, 2026 ONCA 42 DATE: 20260121 DOCKET: M56430 (COA-25-CV-0209) Roberts J.A. (Motion Judge)
BETWEEN The Corporation of the Township of Adjala-Tosorontio Applicant (Respondent/Responding Party) and Timothy Saunders and Alvin Lindhorst Respondents (Appellants/Moving Parties) Alvin Lindhorst, acting in person, and for Timothy Saunders James J. Feehely, Tanja Webster and Debbie Anderson, for the Corporation of the Township of Adjala-Tosorontio Mohsen Seddigh, appearing as amicus curiae, Pro Bono Ontario Heard: December 3, 2025
COSTS ENDORSEMENT Overview [1] On December 30, 2025, I dismissed the moving parties’ motions to set aside the Registrar’s notice of dismissal of their appeal and to extend the time for the perfection of their appeal. I invited the parties to submit brief written submissions, if they could not agree on the disposition of the costs of the motions. I have received and reviewed the parties’ submissions. [2] The Township asks for partial indemnity costs in the all-inclusive amount of $8,644.50. This amount includes time incurred in relation to the dismissed appeal for which the Township was awarded $750. While I recognize that the Township was required to spend some time reviewing the appeal materials to respond to these motions, I conclude that a reduction is required. [3] The Township is therefore entitled to the all-inclusive amount of $7,500 from the moving parties, jointly and severally, within 30 days of the release of this endorsement. “L.B. Roberts J.A.”
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