Hanley v. Eden, (2005) 194 O.A.C. 54 (DC)

• Judge: O'Driscoll, Kiteley and Benotto, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: January 27, 2005
• Jurisdiction: Ontario
• Citations: (2005), 194 O.A.C. 54 (DC)

Hanley v. Eden (2005), 194 O.A.C. 54 (DC)

MLB headnote and full text

Temp. Cite: [2005] O.A.C. TBEd. JA.113

Steven Hanley (applicant) v. Dr. David Eden, Coroner (respondent)

(665/04)

Indexed As: Hanley v. Eden

Court of Ontario

Superior Court of Justice

Divisional Court

O'Driscoll, Kiteley and Benotto, JJ.

January 27, 2005.

Summary:

The applicant sought judicial review of orders by the respondent coroner. The appli­cant's employer also brought an application for judicial review but did not pursue it.

The Ontario Divisional Court, in a decision reported 193 O.A.C. 292, dismissed the appli­cation except for an order that required the applicant's counsel to disclose informa­tion about his solicitor/client relationship with the applicant's employer. The parties made submissions as to costs.

The Ontario Divisional Court ordered the applicant and his employer to pay costs to the respondent coroner and to the family of the deceased, who both made representations at the hearing of the application.

Practice - Topic 7051

Costs - Party and party costs - Entitlement to - Nonparty - A skier died after contact with a grooming machine - A coroner's inquest was called - The operator of the grooming machine (the applicant) unsuc­cessfully sought an adjournment - He applied for judicial review - The grooming machine manufacturer (Bombardier), the applicant's employer, the Ontario Ski Resorts Association (OSRA) and the ski­er's family made representations - None of them was a party - The applicant was mostly unsuccessful - On the question of costs, the Ontario Divisional Court ordered the applicant and the employer, jointly and severally, to pay costs to the coroner and the skier's family - No costs were ordered against Bombardier and OSRA because none were claimed against them.

Practice - Topic 7170

Costs - Party and party costs - Liability for - Joint and several liability - [See Practice - Topic 7051 ].

Counsel:

T.S.B. Danson, for the applicant;

J. Olah, for Craigleith Ski Club;

P.J. Pliszka, for Bombardier Recreational Products;

K.G. Crompton, for the Ontario Snow Resorts Association;

C. O'Donnell, for the respondent, Dr. Eden;

W. Teggart, for the family of the late Moira Caswell.

These costs submissions were heard on January 11, 2005, by O'Driscoll, Kiteley and Benotto, JJ., of the Ontario Divisional Court.

The Divisional Court released the follow­ing costs endorsement on January 27, 2005.