Court File and Parties
Court File No.: 06-CV-313259 PD3
Date: 20120827
Superior Court of Justice - Ontario
RE: PETERSEN G. KELLMAN, Plaintiff
AND:
SANDRA IVERSON, TORONTO POLICE SERVICES BOARD, ROBERT MACINNIS, VALERIE TRAYNOR and STEPHEN BUTT, Defendants
Before: B. P. O’MARRA, J.
Counsel:
Ernest J. Guiste , for the Plaintiff
Douglas O. Smith , for the Defendants
Heard: February 27, 28, 29, March 1, 2, 6, 7 and 9, 2012
COSTS ENDORSEMENT
Entitlement to Costs
1The Defendants were successful on liability and are entitled to costs.
2The Plaintiff had a reasonable belief that he was the victim of racial and gender discrimination. Members of the Toronto Police Service admitted in testimony that some aspects of the criminal investigation were conducted in a negligent and sloppy manner. On any view, the making and retention of records by the police was substandard.
3At trial there was some late production by the defence. Their counsel properly conceded that was his responsibility and error.
4Notwithstanding the Plaintiff’s subjective belief, I found that the police were not motivated by racial or gender bias.
5The Plaintiff claims he is impecunious. In light of the significant public policy issues raised he seeks an award of costs in his favour despite the dismissal of the action.
Quantum of Costs
6I am not satisfied that the Plaintiff is impecunious. The costs sought by the Defendants based on partial indemnity total $143,766.18 all inclusive. This includes trial fees totaling $19,600.00.
7The evidence at trial dealt with important issues involving racial and gender discrimination in the Administration of Justice. I am mindful of the general rule that costs go to the victor. Based on the factors in Rule 57 and the Boucher decision the appropriate award of costs to the defendants is $120,000 all in.
B. P. O’Marra, J.
Date: August 27, 2012
