Minister of Natural Resources v. Mosher
The Crown was entitled to costs of the motion on a partial indemnity basis and the specific amount claimed ($500) was reasonable given the Crown's preparation and appearances and the applicant's failure to contest; accordingly the Crown is awarded $500.
Source-derived case information.
- Citation
- C40231, M30064
- Parties
- Respondent: Minister of Natural Resources; Applicant/appellant: Donald B. Mosher and Laurel Mosher
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 1 October 2003
- Procedural Posture
- Appeal Under the Public Lands Act; Stay Motion / Costs Decision Following Denial of Stay Motion
- Outcome
- Crown awarded costs of the motion on a partial indemnity basis in the total amount of $500.
- Legal Topics
- Land Use Permit Expiry, Stay Motion, Costs on Motion, Public Lands Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Minister of Natural Resources
Respondent
Donald B. Mosher and Laurel Mosher
Applicant/appellant
Procedural Posture
Appeal Under the Public Lands Act; Stay Motion / Costs Decision Following Denial of Stay Motion
Legal Issues
- 1 Whether the Crown was entitled to costs for resisting the stay motion
- 2 Appropriate scale of costs (partial indemnity vs. full indemnity)
- 3 Reasonableness and quantum of the costs sought
Ratio Decidendi
The Crown was entitled to costs of the motion on a partial indemnity basis and the specific amount claimed ($500) was reasonable given the Crown's preparation and appearances and the applicant's failure to contest; accordingly the Crown is awarded $500.
Court Disposition
Crown awarded costs of the motion on a partial indemnity basis in the total amount of $500.
Orders
- Respondent Minister of Natural Resources awarded costs of $500 for the motion.
Full Case Text
Judgment text and source record
1 paragraphs
Minister of Natural Resources v. Mosher Collection Decisions of the Court of Appeal Date 2003-10-01 Docket numbers C40231, M30064 Judges Cronk, Eleanore Ann Subject Civil Decision Content DATE: 20031001 DOCKET: C40231 M30064 COURT OF APPEAL FOR ONTARIO IN THE MATTER of Land Use Permit No. 16-000222, in respect of public lands described as parts of Lots 27 & 28, Concession III, Drayton Township, North of Patara Lake; AND IN THE MATTER of the expiry of Land Use Permit No. 16-000222; AND IN THE MATTER of the Public Lands Act, R.S.O. 1990, c. P. 43, as amended, and regulations thereunder. RE: MINISTER OF NATURAL RESOURCES (Respondent (Respondent in Appeal)) - and - DONALD B. MOSHER and LAUREL MOSHER (Applicant (Appellant in Appeal)) BEFORE: CRONK J.A. COUNSEL: Donald B. Mosher, in person Elaine Atkinson, for the respondent HEARD: July 24, 2003 ADDENDUM [1] Further to my endorsement released on September 3, 2003 in this matter, I have received the written costs submissions of the Minister of Natural Resources. Although provided with an opportunity to do so, the moving party, Donald B. Mosher, has not filed any submissions on costs. [2] On behalf of the Minister, the Crown seeks its reasonable costs of responding to the unsuccessful stay motion brought by Mr. Mosher. In responding to the motion, the Crown prepared a motion record, including affidavit materials, and a factum. It also appeared before this court by teleconference on three separate occasions concerning the motion. Further, it was ultimately successful in resisting the requested stay. [3] In my view, the Crown is entitled to costs of the motion on a partial indemnity basis. The Crown seeks costs in that regard in the limited amount of $500. In all the circumstances, I consider that amount to be more than reasonable. Accordingly, the Crown is entitled to its costs of the motion, as sought, in the total amount of $500. "E.A. Cronk J.A."