Court File and Parties

CITATION: Jacobs v. Ottawa Police, 2015 ONSC 4282

COURT FILE NO.: DC-14-2016

DATE: 20150708

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

MATLOW, LOFCHIK, & M.J. DONOHUE, JJ.

RE: Constable Kevin Jacobs v. Ottawa Police Service (Chief of Police) and Mark Krupa (Public Complainant)

BEFORE: T. Matlow, T. Lofchik and M. J. Donohue, J.

COUNSEL: W. Mark Wallace and Elizabeth Warren, for the Applicant Christiane Huneault, for the Respondent OPS Lawrence Greenspon, for the Respondent Krupa

COSTS ENDORSEMENT

[1] The Respondent Krupa seeks costs on a partial indemnity basis of $9,316.87 from the Applicant Jacobs.

[2] The Co-Respondent Ottawa Police Service takes no position on the costs sought by Krupa.

[3] The Applicant Jacobs does not dispute the quantum of costs requested by Krupa. Jacobs asks the court to exercise its discretion to not order costs on the basis that this was a test case.

[4] Jacobs argues that the issue before the court was of great importance to the Applicant and to the Respondent Police Service, as it concerned the standard of proof to be applied in police disciplinary cases across Ontario.

[5] The court recognizes that that is most likely why the Co-Respondent Ottawa Police Service did not seek their costs.

[6] The matter is different, however, for Mr. Krupa who suffered at the hands of Constable Jacobs and is maintaining a civil claim as against him.

[7] Jacobs argues that Krupa may claim the costs incurred in the court be as part of his damages in his civil suit, if successful.

[8] This is contrary to the best practice of ordering costs in the proceeding at each stage of the litigation.

[9] This court considered the submissions of Krupa to be helpful to the argument before it.

[10] This court agrees that this is not a test case as far as Mr. Krupa is concerned. He should not be denied his reasonable costs on the basis that this Applicant raised issues that may have benefited other police officers in the province.

[11] The Respondent Krupa is awarded costs on a partial indemnity basis in the amount of $9,316.87 inclusive.

Donohue J.

Matlow J.

Lofchik J.

Dated: July 8, 2015