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ARTICLE · 11 JULY 2023

$50,000 Costs Guideline For Successful Anti-SLAPP Motion Not Applied Again

Gardiner Roberts LLP
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As we have written before, Canada's civil court system is "a loser pays" jurisdiction. In general, a party that loses a motion or at trial is required to pay the winning party's costs...

CanadaLitigation, Mediation & Arbitration
Stephen Thiele
Stephen Thiele
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As we have written before, Canada's civil court system is "a loser pays" jurisdiction. In general, a party that loses a motion or at trial is required to pay the winning party's costs on a partial indemnity basis. While a court has authority to award the winning party higher costs on either a substantial indemnity or full indemnity basis, such awards are an exception to the general rule. However, under Ontario's anti-SLAPP legislation, a defendant who succeeds in obtaining a dismissal of the plaintiff's action is presumptively entitled to full indemnity costs. This has resulted in significant costs awards being sought and granted. Accordingly, in Park Lawn Corp. v. Kahu Capital Partners Ltd., 2023 ONCA 129 ("Park Lawn"), the appellate court established a guideline that regardless of the presumption, a costs award should not exceed $50,000.

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