Background
David John Rowe appealed an order from Justice Michael R. Gibson of the Superior Court of Justice, dated September 11, 2025 (2025 ONSC 5175). That order included a costs award of $3,000 against the plaintiff. The Court of Appeal also had before it a motion for fresh evidence. The respondents included His Majesty the King in Right of Canada, His Majesty the King in Right of Ontario, and Grand Erie Business Centre Inc.
The Court’s Holding
The parties agreed to settle the appeal on consent. The Court of Appeal dismissed both the appeal and the motion for fresh evidence with prejudice and without costs. As part of the settlement, Ontario agreed not to enforce the $3,000 costs award that was ordered at trial. Canada did not seek costs in the appeal.
Key Takeaways
- The appeal was resolved by consent settlement rather than adjudication on the merits.
- Ontario waived enforcement of the trial court’s $3,000 costs award against the plaintiff.
- The dismissal was “with prejudice,” precluding the plaintiff from re-litigating the same claims.
- No costs were awarded to either party in the appellate proceeding.
Why It Matters
This decision illustrates the role of settlement in appellate practice. Although the substantive issues in the underlying dispute are not detailed in this order, the settlement terms—particularly Ontario’s waiver of the costs award—demonstrate negotiated resolution of both the merits dispute and collateral cost matters. For litigants acting in person (as Rowe was), settlements that eliminate outstanding costs awards can have significant financial consequences.