Court File and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20220621 DOCKET: C69812

Benotto, Zarnett and Sossin JJ.A.

BETWEEN

Jonathan Land and Stephanie Flora Henry Plaintiffs (Appellants)

and

Dryden Police Services Board and its employees: Sgt. Scott M. Silver, Cst. Jared H. Olsen, Cst. Paul A. Howarth, Cst. Kevin Hildebrand Anishinaabe Abinoojii Family Services and its employees: Danielle Gardner and Karen Taylor Defendants (Respondents)

Counsel: No one appearing for the appellants Stuart J. Blake, for the respondents Dryden Police Services Board Abram Silver, for the respondents Anishinaabe Abinoojii Family Services

Heard: June 17, 2022

On appeal from the judgment of Justice John S. Fregeau of the Superior Court of Justice, dated May 31, 2021.

Reasons for Decision

[1] This appeal was scheduled to be heard at 10:00 a.m. on June 17, 2022.

[2] The parties filed counsel slips indicating that they would attend remotely. Only the appellant Jonathan Land filed a counsel slip. By 10:17 a.m. no one appeared for the appellants.

[3] The Registrar telephoned the number that the appellants had provided to the court office. The line had been disconnected. The Registrar also emailed Mr. Land and received no response.

[4] Counsel for the Respondent Dryden Police Services emailed Mr. Land on June 16, 2022 and included his Bill of Costs. Counsel advised us that Mr. Land confirmed receipt. The email address was the same as the one used by the Registrar and the court office.

[5] On this basis, the appeal was dismissed as abandoned. We reserved the issue of costs.

[6] Both respondents sought costs at the hearing. The Dryden Police Services claimed costs of approximately $10,000. The Anishinaabe Family Services did not have a bill of costs but estimated its costs to be approximately $7,000.

[7] In the normal course, the respondents would be entitled to the costs claimed which are not unreasonable. We recognize that there was preparation and costs thrown away. However, it is clear from the record that the appellants do not have the ability to pay, and the costs award would have a deleterious effect on them. For that reason, we award nominal costs of $1,500 to the respondent Dryden Police Services and $750 to the Family Services.

[8] After these reasons were prepared, the appellants contacted the court on the afternoon of June 17, 2022, to say that they wanted to argue the appeal. They have been advised that if they wish to re-list the matter for hearing they must bring a motion in writing.

“M.L. Benotto J.A.”

“B. Zarnett J.A.”

“L. Sossin J.A.”