In Gykan Enterprises Inc. v Pourshian (Div Court, 2023) the Divisional Court considered and awarded costs to a non-profit legal clinic when they were successful in defending a residential tenant from an illegal lock-out:
[20] The parties agreed that if I ordered costs to be payable, Mr. Pourshian would be entitled to costs of $2,000. Mr. Pourshian was represented by the Advocacy Centre for Tenants Ontario. Although the Advocacy Centre is not billing Mr. Pourshian, its funder expects it to seek costs at a reduced level where appropriate.
[21] However, Gykan disputes costs should be payable because, in its submission, Mr. Pourshian owes it arrears of rent.
[22] I order costs of $2,000 payable by Gykan to Mr. Pourshian forthwith. The appeal was without merit. I have no findings from the Board nor evidence before me regarding the current status of rent arrears. Gykan remains entitled to pursue an order for the payment of rent and arrears at the Board.
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