This decision addresses a motion for costs brought by self-represented defendants, Michael Malouf and his companies, after the plaintiff, Ginoogaming First Nation, discontinued its action against them.
The defendants sought substantial indemnity costs, arguing the plaintiff's action against them was frivolous.
The court found the plaintiff's initial action was bona fide and not vexatious, and that there was no reprehensible conduct to warrant substantial indemnity costs.
Applying principles for self-represented litigants, the court rejected the defendants' claimed hourly rate and excessive hours, finding only a modest unquantified lost opportunity cost.
The court awarded a lump sum for lost opportunity costs related to preparing the statement of defence and a change of venue motion, excluding costs already dealt with in previous injunction motions and work done after the notice of discontinuance.
