ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 11-CV-436658
DATE: July 16, 2013
BETWEEN:
SYLVIETTE BROWN AS TRUSTEE OF PROPERTY ROLL NO. 1970 000 012 76100 0000 and SYLVIETTE BROWN ON HER OWN BEHALF AS OWNER OF LITTLE RIVER FARMS
Plaintiff
– and –
THE MUNICIPAL PROPERTY ASSESSMENT CORPORATION (REGION 14), THE ASSESSMENT REVIEW BOARD AND THE CORPORATION OF THE TOWN OF GEORGINA
Defendants
Sylviette Brown, self-represented.
Chester Gryski for The Municipal Property Assessment Corporation (Region 14)
Glen Frelick for The Assessment Review Board
Charles A. Painter for the Corporation of the Town of Georgina
HEARD: In writing
Perell, J.
REASONS FOR DECISION - COSTS
[1] Pursuant to rules 59.06 (2) and 37.14 (1), the Plaintiff, Sylviette Brown, who is self-represented, brought a motion to introduce new evidence and to set aside or vary the order that I made on September 25, 2012 dismissing her action against the Defendants the Assessment Review Board (“ARB”), the Municipal Property Assessment Corporation (Region 14) (“MPAC”), and the Corporation of the Town of Georgina. My reasons for judgment are reported Brown v. The Municipal Property Assessment Corp. (Region 14), 2012 ONSC 5400, and the core of my reasons was that Mrs. Brown’s action was a matter outside the jurisdiction of this Court.
[2] The respondents sought costs, which I granted in a costs’ endorsement reported as Brown v. The Municipal Property Assessment Corp. (Region 14), 2012 ONSC 6713. More particularly: (1) ARB requested and was awarded costs on a partial indemnity basis in the amount of $7,500.00, inclusive of disbursements and taxes; (2) MPAC requested and was awarded costs on a substantial indemnity basis in the amount of $21,008.25 inclusive of disbursements of $387.00; and (3) the Town of Georgina claimed and was awarded costs on a substantial basis in the amount of $18,118.49 inclusive of HST and disbursements of $1,222.16.
[3] For her new motion, in my Reasons for Decision reported as Brown v. The Municipal Property Assessment Corp. (Region 14), 2013 ONSC 2640, I decided that there are no discovered facts that would change the substantive decision that I had already made. I also concluded there are no facts suggesting that the Court’s decision was obtained by fraud.
[4] However, I granted the motion as against the Town of Georgina. I did so because the Town fairly and honourably conceded that Mrs. Brown may have a cause of action in tort with respect to flooding of her farm property that occurred recently. I ordered that her current Amended Statement of Claim should be struck but with leave to deliver within 30 days a Fresh as Amended Statement of Claim prepared by a lawyer. I ordered that the Fresh as Amended Statement of Claim must delete her claims against MPAC and ARB, and the fresh pleading must properly plead a tort claim that is within the jurisdiction of the Superior Court.
[5] As for costs for the new motion, my tentative view was that: (1) ARB and MPAC should have their costs of this motion; and (2) there be no order as to costs with respect to the Town of Georgina provided that Mrs. Brown does deliver a Fresh as Amended Statement of Claim, failing which the Town should have its costs.
[6] Mrs. Brown did not make any written submissions about costs.
[7] In its written costs submissions, the ARB seeks costs of $7,500.00 on a substantial or full indemnity basis. However, its Bill of Costs claims substantial indemnity costs of $10,825.00. It submits that the timing and conduct of the Plaintiff in bringing a motion that was frivolous warrants an award of costs on a substantial or full indemnity basis.
[8] It may be noted that the ARB did not ask for costs on a substantial basis for the initial motion.
[9] Even though on the new motion, Mrs. Brown conceded that she did not have a claim against the ARB, I do not think a punitive costs order is warranted, particularly when it was not sought in the first instance. Rather, I think that the appropriate exercise of discretion is to award costs on partial indemnity basis at $8,125.00, all inclusive.
[10] In its written costs submissions, MPAC sought costs of $6,285.60 all inclusive on a substantial indemnity basis. Since I think that this claim is within range of what an unsuccessful litigant could reasonably have expected to pay on a partial indemnity basis, it is perhaps unnecessary to characterize the award as being on a substantial indemnity scale. However, on her motion, Mrs. Brown repeated allegations of misconduct that would justify an award on this scale. I, therefore, grant MPAC’s request for costs.
[11] Turning to the Township of Georgina, it was not served with a Fresh as Amended Statement of Claim, and in these circumstances, it was and is my view that the Township was a successful party on the motion and should have its costs. It claims costs of $3,517.00.00 on a partial indemnity basis, which is more than reasonable and fair. Accordingly, I grant the Township its costs as requested.
[12] Orders accordingly.
Perell, J.
Released: July 16, 2013
COURT FILE NO.: 11-CV-436658
DATE: July 16, 2013
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
SYLVIETTE BROWN as Trustee of Property Roll NO. 1970 000 012 76100 0000 and SYLVIETTE BROWN on her own behalf as owner of LITTLE RIVER FARMS
Plaintiff
‑ and ‑
THE MUNICIPAL PROPERTY ASSESSMENT CORPORATION (REGION 14), THE ASSESSMENT REVIEW BOARD AND THE CORPORATION OF THE TOWN OF GEORGINA
Defendants
REASONS FOR DECISION - COSTS
Perell, J.
Released: July 16, 2013.