Court File and Parties
Court File No.: 12-55733
Date: 20130916
Superior Court of Justice - Ontario
Re: Kristine Hills, Plaintiff
And:
Royal Bank of Canada and M. Romain Appraisal Services Inc., Defendants
Before: Justice Patrick Smith
Counsel:
Plaintiff is self-represented
Roberto Ghignone, for the Defendants
Heard: By written submissions
Endorsement
[1]
Introduction
In my reasons dated August 9, 2013 (released August 12, 2013) I requested that the parties make written submissions to me on the issue of costs.
2I have now received and reviewed those submissions.
[3]
Background
The Plaintiff originally commenced her claim in Small Claims Court but later obtained an order transferring the claim to the Superior Court increasing the amount claimed from the sum of $25,000.00 to $259,000.00.
4The Defendant M. Romain Appraisal Services Inc. [“Romain”] was completely successful on the motion obtaining an order dismissing all of the Plaintiff’s claims including claims for negligence, fraud and conspiracy.
5Romain seeks an order for costs on a partial indemnity basis in the amount of $22,823.94, $33,256.50 on a substantial indemnity basis and $37,734.02 on a full indemnity basis.
6In her written submissions, the Plaintiff argued that no costs should be awarded and stated that: “Mr. Romain admits to adding $45,000.00 and a number of items to my appraisal report. He also admits that he made a mistake. I should not have to endure another hardship in having costs assigned to me that I have absolutely no way of paying.”
7Section 131 of the Courts of Justice Act, R.S.O. 1990, c. C.43 [“CJA”], provides that costs to a proceeding are in the discretion of the court. In exercising that discretion, a court may consider many factors including: the results achieved, the amount of costs that an unsuccessful party would be reasonably expected to pay, the importance of the issues, whether any step in the proceeding was vexatious, improper or unnecessary and the conduct of any party that tended to unnecessarily lengthen the duration of the proceeding.
[8]
Analysis
There is no reason why the Defendant, Romain, should not be entitled to an award of costs.
9The Plaintiff’s claim was totally without merit and should never have been commenced.
10The allegations contained in the amended claim were serious as they alleged professional negligence, fraud and conspiracy.
[11]
Disposition
Having considered the above factors, an order shall issue that the Plaintiff pay to the Defendant, Romain, the sum of $10,000.00 payable forthwith.
Patrick Smith J.
Date: September 16, 2013
COURT FILE NO.: 12-55733
DATE: 20130916
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Kristine Hills, Plaintiff
AND
Royal Bank of Canada and M. Romain Appraisal Services Inc., Defendants
BEFORE: Justice Patrick Smith
COUNSEL:
Plaintiff is self-represented
Roberto Ghignone, for the Defendants
ENDORSEMENT
Justice Patrick Smith
Released: September 16, 2013