Background
This costs decision follows the Court of Appeal for Ontario’s May 14, 2026 ruling allowing an appeal brought by Safety, Licensing Appeal and Standards Tribunals Ontario (SLASTO, also known as Tribunals Ontario), a non-party to the underlying civil action. The underlying litigation, commenced by plaintiffs Lucia Derenzis and Joshua Da Silva, named numerous defendants including the Crown, Gore Mutual Insurance Company, several individual defendants, and the Peel Regional Police Services Board, among others.
The appeal arose from an order of Justice Renu J. Mandhane of the Superior Court of Justice dated May 5, 2025 (reported at 2025 ONSC 2761). The Court of Appeal had allowed SLASTO’s appeal but did not address costs at the hearing, prompting the panel to invite submissions from the parties after judgment.
The Court’s Holding
The Court of Appeal issued these reasons solely to dispose of the outstanding costs issue. The parties — the plaintiffs and the successful appellant SLASTO — reached a consensual agreement on costs, which the court recorded and gave effect to by order.
Pursuant to the parties’ agreement, the plaintiffs Lucia Derenzis and Joshua Da Silva are required to pay costs to SLASTO in the amount of $4,000, all-inclusive. No costs order was made as between any other parties.
Key Takeaways
- A non-party tribunal (SLASTO) that successfully appeals a Superior Court order is entitled to costs from the plaintiffs, consistent with ordinary cost-following principles.
- Where costs are not addressed at the appeal hearing, the Court of Appeal may invite post-judgment submissions and give effect to a costs agreement reached by the parties.
- The agreed all-inclusive amount of $4,000 reflects the typically modest costs awards associated with procedural or interlocutory motions before the Court of Appeal.
Why It Matters
This decision is a practical reminder that administrative tribunals participating as non-parties in civil appeals can recover costs when successful, and that courts will readily endorse negotiated costs agreements to bring finality to ancillary disputes without further litigation. Counsel representing plaintiffs in complex multi-defendant civil actions should account for the potential cost exposure that arises when tribunal rulings are challenged and the tribunal successfully intervenes to defend its jurisdiction or process.