Rahn v. Board of Education of Prescott-Russell County, (1994) 76 O.A.C. 375 (DC)

• Judge: Wilkins, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: October 13, 1994
• Jurisdiction: Ontario
• Citations: (1994), 76 O.A.C. 375 (DC)

Rahn v. Prescott-Russell School Bd. (1994), 76 O.A.C. 375 (DC)

MLB headnote and full text

In the Matter of the Judicial Review Procedure Act, R.S.O. 1990, c. J-1

James W. Rahn (applicant) v. Prescott-Russell County Board of Education (respondent)

(No. 704/94)

Indexed As: Rahn v. Board of Education of Prescott-Russell County

Ontario Court of Justice

General Division

Divisional Court

Wilkins, J.

November 17, 1994.

Summary:

Rahn, a director of education, was sus­pended by the Prescott-Russell Board of Education. Rahn applied for judicial review and for an order staying the suspension. Rahn also applied for interim relief pending the hearing of the application for judicial review (heard October 4, 1994, and reasons released on October 13, 1994).

The decision reported below dealt with the question of costs on the application for interim relief.

Practice - Topic 7361

Costs - Costs of interlocutory proceedings - General - The Ontario Divisional Court stated that a judge hearing a motion for interim relief has a discretion to dispose of the issue of costs in an appropriate case (see paragraph 12) - The court stated that the fixing of costs by a judge hearing an interlocutory motion is not an assessment of those costs (see paragraph 22).

Practice - Topic 7372

Costs - Costs of interlocutory proceedings - Payment forthwith - Following the hearing of an application for interim relief the successful applicant applied for costs of the application - The Ontario Divisional Court stated that the application was ne­ces­sitated by the conduct of the respondent and the judge fixed costs and made them payable forthwith (see paragraphs 18 and 19) - The court referred to the practice whereby a motions court judge determines the issues of costs, fixes the amount and orders payment forthwith without the need for an assessment (see paragraphs 13 and 14).

Practice - Topic 7454

Costs - Solicitor and client costs - Enti­tlement to solicitor and client costs - Improper conduct - Following the hearing of an application for interim relief the successful applicant applied for costs of the application - The Ontario Divisional Court stated that the application was ne­ces­sitated by the conduct of the respondent and the judge fixed costs on a solicitor and client basis (see paragraphs 21 to 26).

Cases Noticed:

Apotex Inc. v. Egis Pharmaceuticals (1990), 2 O.R.(3d) 126 (Gen. Div.), refd to. [para. 13].

Axton et al. v. Kent et al. (1991), 49 O.A.C. 32; 2 O.R.(3d) 797 (Div. Ct.), refd to. [para. 14].

Lawson v. Toronto Hospital Corp. et al. (1991), 52 O.A.C. 186 (Div. Ct.), refd to. [para. 15].

Counsel:

David W. Scott and Peter K. Doody, for the applicant;

Guy W. Giorno, for the respondent.

This case was heard on October 13, 1994, before Wilkins, J., of the Ontario Divisional Court, who delivered the following decision on November 17, 1994.