Lacey v. Minister of National Defence

CITATION: 2013 ONSC 6957

COURT FILE NO.: 10-24545

DATE: 2013-11-08

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Aaron William Lacey, plaintiff

AND: Her Majesty the Queen as represented by the Minister of National Defence, defendant

BEFORE: Mr Justice Ramsay

COUNSEL: The plaintiff in person; Mr Joel Levine for the defendant

HEARD: 2013-11-08

ENDORSEMENT

[1] The defendant moved successfully for an order dismissing the action on the ground of the plaintiff’s failure to deposit security for costs and to pay outstanding cost orders. The defendant now seeks costs of the action.

[2] The plaintiff has repeatedly abused and maligned counsel for the defendant, and has copied these libels to the counsel’s, even after having been ordered not to do so by Reid J. He was warned by Crane J. that unfounded allegations against defence counsel could result in a punitive cost order.

[3] A punitive cost order is required to vindicate the integrity of the court and its officers. The plaintiff’s misconduct has been wilful. I order costs on a substantial indemnity basis.

[4] Given the work done, including the necessity of responding to a voluminous and very frivolous motion for summary judgment by the plaintiff on what is likely a frivolous action in the first place, I fix costs at $25,000 and order the plaintiff to pay this amount to the defendant forthwith.

[5] The defendant may take out an order dismissing the action with $25,000 costs without the approval of the plaintiff.

J.A. Ramsay J.

Date: 2013-11-08