CITATION: El-Kasir v. City of Ottawa, 2010 ONSC 4552
COURT FILE NO.: 08-CV-43627SR
DATE: 2010/08/19
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
FATHY EL-KASIR
Self-Represented
Plaintiff
- and -
CITY OF OTTAWA
Matthieu Charron
Defendant
Court File No.: 09-45437
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
FATHY EL-KASIR
Self-Represented
Applicant
- and -
THE CITY OF OTTAWA
Matthieu Charron
Respondent
Court File No.: 09-45437
ONTARIO
SUPERIOR COURT OF JUSTICE
(DIVISIONAL COURT)
B E T W E E N:
FATHY EL-KASIR
Self-Represented
Applicant
- and -
CITY OF OTTAWA (et al)
Matthieu Charron
Respondent
By Written Submissions
DECISION ON COSTS
Power J.
[1] I released Reasons for Decision in this matter on May 21st last. In the result, all three proceedings were dismissed. Accordingly, the City of Ottawa was the successful party in each of these proceedings and, therefore, is entitled to an order for costs against Mr. El-Kasir.
[2] The City claims $6,472 made up as follows: $5,220 for fees, $1,000 for estimated counsel fee, and $252 for disbursements.
[3] Mr. Charron is an in-house legal counsel and his time is claimed at $140 per hour. The majority of the time for which fees are claimed relates to his time. The balance of the claim represents four hours of work performed by a law clerk at $80 an hour.
[4] Mr. El-Kasir submits that I should take into consideration his limited resources and the mental stress to which he was subjected. He asks that costs be waived on the grounds that the issues in this action were matters of public interest “and introduced a new interpretation to the rules of the Ontario Tax Regulation.” These arguments are not convincing. Indeed, at the outset I advised Mr. El-Kasir that I had questions concerning the merit of these proceedings and offered him an opportunity to reconsider his position. He, nevertheless, ploughed ahead.
[5] As I encountered some problems with respect to the manner in which the City of Ottawa’s documentation was put together on this matter I have decided that the claim should be reduced by 20%, or $1,294.40. Accordingly, the costs are fixed at $5,177.60 inclusive of interest and GST.
[6] Accordingly, an order will issue requiring Mr. El-Kasir to forthwith pay to the City of Ottawa the sum of $5,177.60.
Power J.
Released: August 19, 2010
CITATION: El-Kasir v. City of Ottawa, 2010 ONSC 4552
COURT FILE NOS.: 08-CV-43627SR & 09-45437
DATE: 2010/08/19
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
FATHY EL-KASIR
- and –
THE CITY OF OTTAWA
DECISION ON COSTS
Power J.
Released: August 19, 2010