Byl v. Ont., (2004) 183 O.A.C. 303 (DC)

• Judge: Lane, Meehan and Linhares de Sousa, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: June 02, 2003
• Jurisdiction: Ontario
• Citations: (2004), 183 O.A.C. 303 (DC)

Byl v. Ont. (2004), 183 O.A.C. 303 (DC)

MLB headnote and full text

Temp. Cite: [2004] O.A.C. TBEd. FE.108

Heidi Byl, Litigation Guardian of Corey Byl, William F. Vaughn, Litigation Guardian of Brent Vaughn, St. Catharines Association For Community Living and Community Living Ontario (applicants) v. Her Majesty The Queen in The Right of Ontario (respondent)

(314/03)

Indexed As: Byl et al. v. Ontario

Court of Ontario

Superior Court of Justice

Divisional Court

Lane, Meehan and Linhares de Sousa, JJ.

February 18, 2004.

Summary:

The St. Catharines Association for Com­munity Living (SCACL) was a non-profit registered charity which provided services to 500 developmentally disabled people and their families. SCACL applied for judicial review of a decision of the Ministry of Community, Family and Children's Services, which terminated SCACL's funding and directed that another agency take over SCACL's programs and real and personal property.

The Ontario Divisional Court, in a decision reported at 175 O.A.C. 171, allowed the application and quashed the Ministry's deci­sion as illegal. The court ordered the Min­istry to continue funding to SCACL and to direct its agent to vacate the premises and return them and the management of the institution to SCACL forthwith.

The Ontario Divisional Court fixed SCACL's costs at $120,000 plus G.S.T. on a substantial indemnity basis.

Practice - Topic 7468

Costs - Solicitor and client costs - Enti­tlement to - Against the Crown or govern­mental bodies - The St. Catharines Asso­ciation for Community Living (SCACL) was a non-profit registered charity which provided services to 500 developmentally disabled people and their families - SCACL applied for judicial review of a decision of the Ministry of Community, Family and Children's Services, which terminated SCACL's funding and directed that another agency take over SCACL's programs and real and personal property - The Ontario Divisional Court allowed the application and quashed the Ministry's decision as illegal - The court awarded SCACL its costs on a substantial indemnity basis - The court considered that SCACL had been treated unfairly and that the seizure of its property was without statu­tory or contractual authority - Nothing in SCACL's conduct contributed to the ac­tions of the Ministry and it was reasonable for SCACL to bring the application.

Cases Noticed:

Meek v. Northwest Territories (Minister of Personnel) (1992), 14 C.P.C.(3d) 360 (N.W.T.S.C.), refd to. [para. 9].

Centenary Hospital Association, Re (1989), 69 O.R.(2d) 447 (H.C.), refd to. [para. 9].

Canada (Attorney General) v. Anishnabe of Wauzhushk Onigum Band et al. (2003), 179 O.A.C. 210 (C.A.), refd to. [para. 11].

Zesta Engineering Ltd. v. Cloutier et al., [2002] O.A.C. Uned. 288 (C.A.), refd to. [para. 20].

Ontario Teachers' Pension Plan Board v. Superintendent of Financial Services (Ont.) et al. (2003), 169 O.A.C. 101 (Div. Ct.), refd to. [para. 21].

Counsel:

Andrew J. Roman and Margaret R. Sims, for the applicant, St. Catherines Asso­ciation for Community Living;

Dennis Brown and James Kendik, for the respondent.

This matter was heard on June 2, 2003, before Lane, Meehan and Linhares de Sousa, JJ., of the Ontario Divisional Court. The following costs decision of the Divisional Court was delivered by Meehan, J., and was released on February 18, 2004.