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## Background
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## Analysis
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.
3I 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.
4The fact that the defendants are represented by a salaried officer of the Crown does not prevent the court from exercising such discretion. [1]
5On the other hand, the court must be sensitive to Mr. Elguindy’s circumstances, and recognize his limited ability to pay costs.
6The 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.
7Litigants, 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## Disposition
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
1Section 28(2) of the Crown Liability and Proceedings Act , RSC 1985 c C-50
2See rule 57.01, Rules of Civil Procedure