May 27, 2011

Costs: Court’s power to award costs where panel decision successfully reviewed

Administrative Law
Professional Regulation
Regulator Liability

The Ontario Superior Court confirmed the established legal principle that a court has no power to award the costs of a disciplinary hearing where the hearing panel’s decision is set aside on a judicial review. The court distinguished the situation of a judicial review from an appeal, where the statute granting a right of appeal grants the appeal court the same powers as the tribunal. [2 and 5]

Notably, although not addressed in this decision, a party might apply, and a court might direct, that a tribunal reconsider costs, in light of the relief granted by the court on judicial review.

Lim v. Association of Professional Engineers of Ontario, 2011 ONSC 2673, [2011] OJ No.2170 (Div.Ct.)