ONTARIO

SUPERIOR COURT OF JUSTICE

COBOURG COURT FILE NO.: 92/11
DATE: 2012-08-01

B E T W E E N:

Douglas Bernard Miller

No one appearing for the Plaintiff

Plaintiff

• and -

Joe Jansen, Perry Grey, Ross Toller and Roger Cornorn

Jim Kapches, for the Respondents

Defendants - and -

Emad Elguindy Proposed Intervenor

Mr Elguindy appearing in person
HEARD: June 27, 2012

Gunsolus, J.

COSTS ENDORSEMENT

[ 1 ] On July 9, 2012, I dismissed Mr. Elguindy’s motion requesting that he be made a party in relation to Mr. Miller’s action. I found Mr. Miller’s action to be a completely separate and distinct action from Mr. Elguindy’s action.

[ 2 ] This matter did not raise a matter or issue of public interest. Rather, Mr. Elguindy attempted to become involved in this action, notwithstanding that he had no connection to it whatsoever. This is not a case where a bona fide issue of law or procedural fairness of importance to a community was raised such that costs should not be ordered.

[ 3 ] I agree with counsel for the defendants in this matter, wherein the court has a wide discretion, pursuant to section 131 of the Courts of Justice Act , R.S.O. 1990, c. 43, such that this court has the obligation to fix an amount of costs that is fair and reasonable for the unsuccessful party to pay in this particular proceeding.

[ 4 ] The fact that the defendants are represented by a salaried officer of the Crown does not prevent the court from exercising such discretion. [1]

[ 5 ] On the other hand, the court must be sensitive to Mr. Elguindy’s circumstances, and recognize his limited ability to pay costs.

[ 6 ] The defendants were completely successful in this matter. I agree with Mr. Kapches’ submission that this motion was not only unnecessary, but it did not further Mr. Miller’s case, nor Mr. Elguindy’s separate and distinct action. Indeed it was a motion that simply drew resources away from Mr. Miller’s and Mr. Elguindy’s separate and distinct actions.

[ 7 ] Litigants, even if incarcerated, must be prepared to pay costs, which are the result of steps they take in civil actions, especially where such steps are misguided and unnecessary. [2]

[ 8 ] To that end, Mr. Elguindy shall be required to pay the defendants Joe Jansen, Perry Grey and Ross Toller costs in the amount $500, inclusive of disbursements and applicable taxes.

“The Honourable Mr. Justice D.S. Gunsolus”

DATE RELEASED: August 1, 2012

[1] Section 28(2) of the Crown Liability and Proceedings Act , RSC 1985 c C-50

[2] See rule 57.01, Rules of Civil Procedure