For the above reasons, the appeal is granted and the
Board’s decision is set aside.
Mitchinson v. Marshall Kirewskie,
Barristers and Solicitors
2018 ONSC 7419
Superior Court of Justice, R.B. Reid J.
December 11, 2018
Civil procedure — Costs — Self-represented parties — Costs not
awarded to self-represented lawyer who adduced no evidence that he
had to decline remunerative activity to work on case.
The applicant applied for an order under rule 57.07(1) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 that the costs awarded against him in an unsuccessful action should be paid by his lawyer personally. The application was dismissed.
The court then considered the issue of the costs of the application.
Held, the respondent should not be awarded costs.
The respondent was self-represented. Costs should only be awarded to self-represented parties where the party can demonstrate that they devoted time and
effort to do the work that would ordinarily be done by a lawyer retained to conduct
the litigation and that, as a result, they incurred an opportunity cost by foregoing
remunerative activity. The respondent failed to adduce evidence that he had to
decline remunerative activity to work on this case.
Charendoff v. McLennan,  O.J. No. 6218, 2012 ONSC 7241 (S.C.J.); Fong
v. Chan (1999), 46 O.R. (3d) 330,  O.J. No. 4600, 181 D.L.R. (4th) 614, 128
O.A.C. 2, 93 A.C. W.S. (3d) 222 (C.A.), consd
Other cases referred to
Giglio v. Peters,  O.J. No. 23, 2014 ONSC 2, 50 C.P.C. (7th) 253,
237 A.C. W.S. (3d) 327 (S.C.J.); Mustang Investigations v. Ironside (2010), 103 O.R.
(3d) 633,  O.J. No. 3184, 2010 ONSC 3444, 98 C.P.C. (6th) 105, 267 O.A.C.
302, 321 D.L.R. (4th) 357, 192 A.C. W.S. (3d) 397 (Div. Ct.)
Statutes referred to
Courts of Justice Act, R.S.O. 1990, c. C.43, s. 131 [as am.]
Rules and regulations referred to
Rules of Civil Procedure, R.R.O. 1990, Reg. 194, rule 57.07, (1)
RULING on costs.