84 (1) The Director may issue an order to pay the costs of doing any thing caused to be done by the Minister or Director under this Act to any person required by a direction, order or decision made under this Act to do the thing.  R.S.O. 1990, c. O.40, s. 84 (1). Idem (2) If, after the Minister or Director causes any thing to be done under this Act, the Director ascertains the identity of a person to whom a direction, order or decision requiring the thing to be done could have been issued under this Act, the Director may issue an order to pay the costs of doing the thing to that person.  R.S.O. 1990, c. O.40, s. 84 (2). Same (2.1) If the Minister or Director has caused any thing to be done under this Act in circumstances where, pursuant to subsection 13 (5) or 89.12 (7) or a stay granted under Part I of the Bankruptcy and Insolvency Act (Canada), a receiver or trustee in bankruptcy was not required to do the thing, the Director may issue an order to the receiver or trustee in bankruptcy to pay the costs of doing the thing.  2001, c. 17, s. 5 (8). Same (2.2) If an order to pay the costs of doing a thing is issued under subsection (1), (2) or (2.1) to a receiver or trustee in bankruptcy, the receiver or trustee in bankruptcy is not personally liable for those costs unless the direction, order or decision that required the thing to be done arose from the gross negligence or wilful misconduct of the receiver or trustee in bankruptcy or of a receiver representative or trustee in bankruptcy representative.  2001, c. 17, s. 5 (8). Order to pay: contents (3) An order under subsection (1), (2) or (2.1) to pay costs shall include, (a)  a description of things that the Minister or Director caused to be done under this Act; (b)  a detailed account of the costs incurred in doing the things; and (c)  a direction that the person to whom the order is issued pay the costs to the Minister of Finance  R.S.O. 1990, c. O.40, s. 84 (3); 2001, c. 9, Sched. G, s. 6 (34); 2001, c. 17, s. 5 (9). Idem (4) An order under subsection (2) to pay costs shall also include a brief statement of the circumstances giving rise to the decision to cause the things to be done.  R.S.O. 1990, c. O.40, s. 84 (4). Joint and several liability (5) Where two or more persons are liable to pay costs pursuant to an order under subsection (1), (2) or (2.1), they are jointly and severally liable to Her Majesty in right of Ontario.  2005, c. 12, s. 2 (13). Contribution and indemnity (6) Where the Director is entitled to issue an order to two or more persons under subsection (1), (2) or (2.1) in respect of costs, as between themselves, in the absence of an express or implied contract, each of those persons is liable to make contribution to and indemnify the other in accordance with the following principles: 1.  Where the Director is entitled to issue an order to two or more persons under subsection (1), (2) or (2.1) in respect of costs and one or more of them caused or contributed to the costs by fault or negligence, such one or more of them shall make contribution to and indemnify, i.  where one person is found at fault or negligent, any other person to whom the Director is entitled to issue an order under subsection (1), (2) or (2.1), and ii.  where two or more persons are found at fault or negligent, each other and any other person to whom the Director is entitled to issue an order under subsection (1), (2) or (2.1) in the degree in which each of such two or more persons caused or contributed to the costs by fault or negligence. 2.  For the purpose of subparagraph 1 ii, if it is not practicable to determine the respective degrees in which the fault or negligence of two or more persons to whom the Director is entitled to issue an order under subsection (1), (2) or (2.1) caused or contributed to the costs, such two or more persons shall be deemed to be equally at fault or negligent. 3.  Where no person to whom the Director is entitled to issue an order under subsection (1), (2) or (2.1) caused or contributed to the costs by fault or negligence, each of the persons to whom the Director is entitled to issue an order under subsection (1), (2) or (2.1) is liable to make contribution to and indemnify each other in such degree as is determined to be just and equitable in the circumstances.  2005, c. 12, s. 2 (13). Enforcement of contribution (7) The right to contribution or indemnification under subsection (6) may be enforced by action in a court of competent jurisdiction.  2005, c. 12, s. 2 (13). Adding parties (8) Wherever it appears that a person not already a party to an action under subsection (7) may be a person to whom the Director is entitled to issue an order under subsection (1), (2) or (2.1) in respect of the costs, the person may be added as a party defendant to the action on such terms as are considered just or may be made a third party to the action in the manner prescribed by the rules of court for adding third parties.  2005, c. 12, s. 2 (13). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 6 (34) - 29/06/2001; 2001, c. 17, s. 5 (8, 9)
- 01/12/2002 2005, c. 12, s. 2 (13)
- 13/06/2005