SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: CV-218559CM2
DATE: 20120217
RE: WILLIAM MALAMAS
Appellant
-and-
CRERAR PROPERTY CORP., STEWART J. L. ROBERTSON, GEORGE
FOULIDIS, CHRIS TATSIS, PANAGIOTA TATSIS, GARY CAPLAN, and TEPLITSKY COLSON LLP
Respondents
COUNSEL:
Mr. Malamas, in person as appellant
Constantine Alexiou, for the respondent
E N D O R S E M E N T
[ 1 ] On January 30, 2012 I dismissed an appeal by Mr. Malamas from the decision of Master McAfee dated July 25, 2011 in which she ordered that the noting in default of the defendant Panagiota Tatsis be set aside with leave for a period of 20 days to deliver a defence pleading. I ordered that costs be paid by Mr. Malamas. I have now received cost submissions.
[ 2 ] Ms. Tatsis seeks costs on a substantial indemnity basis totaling $7,533.70. This request for the higher scale of costs is based on allegations of fraud made by Mr. Malamas against Ms. Tatsis and her lawyers. In my view costs on a substantial indemnity basis are appropriate. The allegations of fraud were unsubstantiated. Mr. Malamas continues to make allegations of fraud against various lawyers involved in the various actions and must understand that there are cost consequences for doing so when the allegations are unsubstantiated or irrelevant.
[ 3 ] I decided the appeal on the basis of the appeal record and facta filed by each party. There was no oral hearing. The hours claimed in the cost outline total 18.7. Mr. Malamas asserts that some of the time claimed, being time for dealing with correspondence, ought not to be allowed and that the amount of time spent on substantial work should be reduced, the reasons for which are not provided. I do not view the work done as being excessive. I do view the claim for $1500 for cost submissions as being excessive.
[ 4 ] In my view a reasonable of costs on a substantial indemnity basis, inclusive of disbursements and HST is $5,500. Mr. Malamas is ordered to pay this amount to Ms. Tatsis within 30 days.
Newbould J.
DATE: February 17, 2012