COURT OF APPEAL FOR ONTARIO

The motion for an injunction did not succeed.2 [4] Thereafter, the motion judge sought submissions on the disposition of the costs of the motion. [...] [6] On November 24, 2024, the motion judge released an endorsement in which he ordered JCCF to pay the costs of the motion fixed in the amount of $110,000 on a partial indemnity basis together with disbursements in the amount of $46,461.99. [...] I do accept that the court must be satisfied that the non-party was put on notice of the request, but the court itself is not required to give the notice. [...] JCCF was entitled to let the public know about the case and it was also entitled to raise funds to defray the costs of the case. [...] 276: Therefore, where as here, a party is seeking to avoid the ordinary costs rule on the basis that the litigation is public Page: 9 interest litigation and on the basis that the named party cannot afford costs, it is necessary for the courts to know who is truly financing that party's lawsuit and who is truly at risk for the potential costs award.