We recently blogged on the Ontario Court of Appeal (“ONCA”) decision in Park Lawn Corporation v. Kahu Capital Partners Ltd., 2023 ONCA 129, where the ONCA advised that costs awards in motions brought under s. 137.1 of the Courts of Justice Act, a provision introduced in 2015 to prevent strategic lawsuits against public participation (“SLAPP”), should not generally exceed $50,000 on a full indemnity basis (as the procedure was meant to be “efficient and inexpensive”).
In an even more recent decision of the ONCA, Boyer v. Callidus Capital Corporation, 2023 ONCA 311, the ONCA rejected the respondent’s submission that the successful appellant’s claim for costs of $273,111.22 on a full indemnity basis was excessive, citing to the Park Lawn decision referenced above. The ONCA opined that the statutory presumption under s. 137.1 of the Courts of Justice Act is that the successful moving party be awarded its full indemnity costs unless the judge determines that the award is not appropriate in the circumstances. In the particular circumstances of the Boyer case, the ONCA decided that an award of $273,111.22 on a full indemnity basis was appropriate given that upon receipt of the appellant’s statement of claim, the respondent counterclaimed for $150 million alleging bald and unsubstantiated claims of breach of fiduciary duty.
To read more, see our online defamation webpage, our online takedown webpage, our injunction webpage and our other blogs on defamation related matters.
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