SUPERIOR COURT OF JUSTICE - ONTARIO
Commercial List
Court File No: CV-11-422373-00CL
Date: 20120123
RE: James Joseph Lukezic, Walker Hall Winery Ltd.
Plaintiffs
- and -
Royal Bank of Canada
Defendant
Before: The Honourable Mr. Justice Glenn A. Hainey
Counsel:
James Joseph Lukezic, In Person,
Milton A. Davis,
for the Defendant, Royal Bank of Canada
Heard: Written submissions
ENDORSEMENT AS TO COSTS
1## Background
I invited the Royal Bank of Canada (“RBC”) and Mr. Lukezic to provide me with written costs submissions following the release of my Reasons for Decision on September 9, 2011.
2I received written costs submissions from RBC, but I did not receive any submissions from Mr. Lukezic.
3RBC was successful on its motion to have the plaintiffs’ claim dismissed and to have Mr. Lukezic declared a vexatious litigant.
4RBC submits that it should be awarded costs on a substantial indemnity basis because of Mr. Lukezic’s vexatious behaviour that is reviewed in detail in my Reasons for Decision.
5Further, RBC argues that Mr. Lukezic’s vexatious behaviour has continued despite my decision declaring him a vexatious litigant. The details of his continued vexatious conduct are set out at paragraph 9 of RBC’s costs submissions.
6## Analysis
In assessing the appropriate amount of costs that should be awarded, I must consider all of the factors contained in Rule 57.01 of the Rules of Civil Procedure. Normally, costs should be awarded on a partial indemnity scale unless there are special circumstances that justify a higher award of costs on a substantial indemnity basis.
7In my view, the vexatious conduct of Mr. Lukezic constitutes special circumstances that justify an award of costs on a substantial indemnity basis. As I outlined in my Reasons for Decision, he has continually abused the justice system by persistently commencing unreasonable actions. He has made serious and unfounded allegations against his former lawyers, judges, a judicial assistant and counsel acting for opposing parties. He has persisted in pursuing actions that have been dismissed and he has disobeyed court orders and has not paid countless costs awards made against him.
8His persistent, vexatious behaviour, including his continuing abuse of the process of the court, makes a costs award on a substantial indemnity basis necessary to protect the integrity of our judicial system.
9In arriving at my decision to award costs on a substantial indemnity scale. I rely on the decision of Dambrot J. in Church of Jesus Christ of Latter Day Saints v. King , [1988] O.J. No. 3924 .
10I have carefully reviewed RBC’s Bill of Costs and I am satisfied that the amount of costs claimed on a substantial indemnity basis of $69,121.33 is fair and reasonable and ought to have been within the reasonable contemplation of the parties.
11## Disposition
RBC is awarded costs payable forthwith by James Joseph Lukezic fixed at $69,121.33.
HAINEY, J.
DATE: January 23, 2012