Haliburton (County) v. Gillespie
Although the Court had statutory jurisdiction under s.139(3) to award costs, the court dismissed the respondent's request because the established general rule precludes awarding costs in provincial offence appeals and because the appeal raised an important, novel issue of statutory interpretation of 'occupier' of...
Source-derived case information.
- Citation
- 2013 ONCA 275
- Parties
- Respondent: The Corporation of the County of Haliburton; Appellant: David L. Gillespie
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 29 April 2013
- Procedural Posture
- Provincial Offences Appeal / Court of Appeal Costs Endorsement Following Appeal From Ontario Court of Justice
- Outcome
- Respondent's request for costs of the appeal dismissed.
- Legal Topics
- Costs, Meaning of "occupier", Public Interest Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Corporation of the County of Haliburton
Respondent
David L. Gillespie
Appellant
Procedural Posture
Provincial Offences Appeal / Court of Appeal Costs Endorsement Following Appeal From Ontario Court of Justice
Legal Issues
- 1 Whether costs should be awarded in provincial offence appeals
- 2 Whether a municipality acting in enforcement can be awarded costs when it stands in the shoes of the Crown
- 3 Whether the appeal involved a novel statutory interpretation of the meaning of "occupier"
Ratio Decidendi
Although the Court had statutory jurisdiction under s.139(3) to award costs, the court dismissed the respondent's request because the established general rule precludes awarding costs in provincial offence appeals and because the appeal raised an important, novel issue of statutory interpretation of 'occupier' of provincial significance, making this an inappropriate case for costs.
Court Disposition
Respondent's request for costs of the appeal dismissed.
Orders
- Respondent's request for costs of the appeal is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Haliburton (County) v. Gillespie Collection Decisions of the Court of Appeal Date 2013-04-29 Neutral citation 2013 ONCA 275 Docket numbers C54563 Judges Goudge, Stephen Thomas; Sharpe, Robert J.; Gillese, Eileen E. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Haliburton (County) v. Gillespie, 2013 ONCA 275 DATE: 20130429 DOCKET: C54563 Goudge, Sharpe and Gillese JJ.A. BETWEEN The Corporation of the County of Haliburton Respondent and David L. Gillespie Appellant Tyler Hodgson, for the appellant Neil Abbott and Sirpal Randhawa, for the respondent Heard: November 16, 2012 On appeal from the judgment of Justice Lorne E. Chester of the Ontario Court of Justice, dated September 8, 2011, allowing an appeal from the judgment of Justice of the Peace D. Jackson, dated January 6, 2011. COSTS ENDORSEMENTS [1] We have received written submission from the parties as to costs. The appellant resists the respondent’s request for costs asks that we award it costs of this appeal. [2] We have jurisdiction to award costs pursuant to the Provincial Offences Act, R.S.O., c P.33, s. 139(3). However, it is our view that this is not a case for costs for two reasons. [3] First, although there is jurisdiction to award costs, the general rule is that costs are not awarded in provincial offence appeals: R .v. Felderhof, (2003), 68 O.R. (3d) 481 at para. 100. While the respondent municipality is not the Crown, the respondent stood in the shoes of the Crown to represent the public interest in the enforcement of the statute at issue on this appeal. [4] Second, this appeal raised an important and novel issue of public importance as to the interpretation of a statute and the meaning of “occupier”, described by MacPherson J.A. as being “of importance throughout the province” when granting leave to appeal. [5] Accordingly, the respondent’s request for costs of the appeal is dismissed. “S.T. Goudge J.A.” “Robert J. Sharpe J.A.” “E.E. Gillese J.A.”