College of Physicians and Surgeons of Ontario v. Kilian
Costs were awarded on a substantial indemnity basis in the amount of $16,000 because the motion to add intervenors was part of a strategy to delay the s.87 application and caused significant unnecessary expenses and delay; the amount is fair and reasonable and payable within 30 days.
Source-derived case information.
- Citation
- 2023 ONCA 515
- Parties
- Applicant: College of Physicians and Surgeons of Ontario; Respondent: Rochagné Killian; Proposed Interveners: Moving parties (patients)
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 26 July 2023
- Procedural Posture
- Civil / Costs Endorsement Following Motion to Add Intervenors and S.87 Application
- Outcome
- Costs awarded to the College of Physicians and Surgeons of Ontario on a substantial indemnity basis against the respondents.
- Legal Topics
- Intervenor Motion, Substantial Indemnity Costs, Delay and Abuse of Process, Section 87 Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
College of Physicians and Surgeons of Ontario
Applicant
Rochagné Killian
Respondent
Moving parties (patients)
Proposed Interveners
Procedural Posture
Civil / Costs Endorsement Following Motion to Add Intervenors and S.87 Application
Legal Issues
- 1 Whether costs should be awarded for the motion to add intervenors
- 2 Appropriate scale of costs (substantial indemnity vs. party-and-party)
- 3 Whether the motion was part of a delay strategy that generated unnecessary legal expense
Ratio Decidendi
Costs were awarded on a substantial indemnity basis in the amount of $16,000 because the motion to add intervenors was part of a strategy to delay the s.87 application and caused significant unnecessary expenses and delay; the amount is fair and reasonable and payable within 30 days.
Court Disposition
Costs awarded to the College of Physicians and Surgeons of Ontario on a substantial indemnity basis against the respondents.
Orders
- Respondents ordered to pay costs of $16,000 to the College of Physicians and Surgeons of Ontario.
- If those costs are not paid within 30 days, counsel may seek a further order through the motion office which the judge will address.
Full Case Text
Judgment text and source record
1 paragraphs
College of Physicians and Surgeons of Ontario v. Kilian Collection Decisions of the Court of Appeal Date 2023-07-26 Neutral citation 2023 ONCA 515 Docket numbers COA-23-CV-0342, M54207 Judges Harvison Young, Alison Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: College of Physicians and Surgeons of Ontario v. Kilian, 2023 ONCA 515 DATE: 20230726 DOCKET: M54207 (COA-23-CV-0342) Harvison Young J.A. (Motion Judge) BETWEEN College of Physicians and Surgeons of Ontario Applicant (Respondent/Responding Party) and Rochagné Killian Respondent (Respondent/Responding Party) Amina Sherazee, for the moving parties/proposed interveners/appellants Peter Wardle and Evan Rankin, for the responding party/applicant/respondent Paul Slansky, for the responding party/respondent/respondent Heard: April 20, 2023 COSTS ENDORSEMENT [1] I have now had the opportunity to review the costs submissions in this matter filed by both the moving parties patients and the respondent. [2] I am satisfied that costs should be payable on a substantial indemnity basis for the reasons outlined by the CPSO in its submissions. This motion to add intervenors was part of a strategy largely designed to delay the s. 87 application from proceeding and which, in and of itself, gave rise to significant unnecessary legal expenses and delay in the hearing of the s. 87 application. [3] Costs are ordered payable by the respondents in the amount of $16,000 which is fair and reasonable in the circumstances. If those costs are not satisfied within 30 days, counsel may seek a further order through the motion office which I will address. “A. Harvison Young J.A.”