COURT FILE AND PARTIES

COURT FILE NO.: 11-0333 and 11-0512
DATE: 20120523
SUPERIOR COURT OF JUSTICE - ONTARIO

RE: WAYNE DYCE, Plaintiff

and:

DEBORA LYONS-BATSTONE, LINDA PATERSON-KELLY, MEGAN HUBBARD, IRENE HUBBARD, PETRONELLA HUBBARD, Defendants

AND BETWEEN:

MEGAN HUBBARD, Applicant

and:

JAMES DYCE and WAYNE DYCE, Respondent

BEFORE: T. McEwen J.

COUNSEL:
Wayne Dyce , Self-represented

Debora Lyons-Batstone, Self-represented, and for Linda Paterson-Kelly, Megan Hubbard, Irene Hubbard and Petronella Hubbard

Christopher Thompson , for Megan Hubbard

James Dyce , Self-represented

costs ENDORSEMENT

[ 1 ] In my Endorsement dated April 5, 2012 I requested costs submissions from the parties.

[ 2 ] I have received submissions from Ms. Lyons-Batstone. I did not receive any responding submissions from Wayne Dyce or James Dyce. The time for responding costs submissions has expired. I should note, however, that I did receive submissions from James Dyce on March 6, 2012 concerning costs and I will consider those submissions in my reasons.

[ 3 ] Unfortunately, Ms. Lyons-Batstone’s submissions concerning costs were entirely unhelpful. She did not provide any dockets, disbursements lists or any meaningful information that would allow me to properly assess the costs that she seeks. Instead, she simply seeks $20,000 each on behalf of Megan Hubbard, Linda Paterson-Kelly, Irene Hubbard, Petronella Hubbard and herself for a total of $100,000. Ms. Lyons-Batstone, however, has not provided any context or explanation as to how the numbers were arrived at, other than the fact that she wants this Court to ensure that Wayne Dyce and James Dyce get a “message” from this Court that “the judicial system will not tolerate all of the wasted time and resources these men have forced the parties and the court to expend”.

[ 4 ] I am therefore left with the task of attempting to estimate the costs to which the Applicant and the Defendants are entitled to by reviewing the nature of the proceedings that were before me.

[ 5 ] With respect to the application, Ms. Hubbard was entirely successful in having Wayne Dyce and James Dyce declared vexatious litigants. The hearing involved two days of argument. As well, Megan Hubbard had to respond to a number of motions that were made by Wayne Dyce during the hearing. Voluminous materials had to be prepared by her in support of her application. In the circumstances, I accept that a considerable amount of time had to be spent in preparation for an attendance at the application. Accordingly, given her success at the application, I order that Wayne Dyce pay $10,000 and James Dyce pay $5,000 in costs. I am ordering that Wayne Dyce pay more given his many motions brought during the proceeding and the fact much more time was dedicated to the application concerning him. By way of clarification, the order in this regard is not joint and several, but several only.

[ 6 ] With respect to the motion that was brought in action number 11-0333, the Defendants enjoyed complete success in having Wayne Dyce’s action against them dismissed. As noted, however, I did not receive any meaningful information as to what costs the Defendants absorbed in defending the action or in preparing for and attending at the motion. I can only assume that the Defendants spent little time and money defending the action given the fact that only a few of them filed pleadings. Once again, however, considerable time was spent in preparing for and attending at the motion. In the circumstances, I award costs to the Defendants, payable by Wayne Dyce in the amount of $10,000. With respect to James Dyce, I make no order as to costs concerning the motion. While the Defendants were successful in having him declared a vexatious litigant, this relief was also sought in the application. The Defendants were unsuccessful in their attempt to have him added as a party. I note that James Dyce, in his submissions, also noted that they were unsuccessful in having him post security for costs but this point became moot once the action was dismissed. Overall the result was mixed.

[ 7 ] The aforementioned costs are to be paid within 60 days.

T. McEwen J.

Date: May 23, 2012