Refusal to retract ill-considered words suggested some reduction from costs claimed would be appropriate

Applicant was resident of Township and brought application in that capacity although he was also mayor of Township. Respondent was resident of Township and counsellor representing ward. Mayor unsuccessfully requested declaration that counsellor’s participation in two meetings of Township violated s. 5(1)(c) of Municipal Conflict of Interest Act (“Act”). Parties made submissions on costs. Mayor was ordered to pay costs to counsellor in amount of $25,000 inclusive of disbursements and taxes. Counsellor had sought costs on partial indemnity basis in amount of $33,176.60. There was no exemption under public interest litigation as both parties had strong material interest in outcome of litigation. Action of bringing application while Mayor of Township was extraordinary and favoured award of full amount claimed. Counsellor’s refusal to retract ill-considered words and fact that she took feud public over internet and local press suggested some reduction from amount claimed would be appropriate.

Furniss v. Nishikawa (2018), 2018 CarswellOnt 13618, 2018 ONSC 4859, T.M. Wood J. (Ont. S.C.J.); additional reasons (2018), 2018 CarswellOnt 10651, 2018 ONSC 3674, T.M. Wood J. (Ont. S.C.J.).