ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: CV-10-405757
DATE: 20140523

BETWEEN:

ELEANOR DENISE BAINES
Plaintiff

– and –

LINETT & TIMMIS BARRISTERS & SOLICITORS
Defendant

Eleanor Denise Baines, Self-Represented Plaintiff

Bruce Hutchinson, for the Defendant

HEARD: In writing

PERELL, J.

REASONS FOR JUDGMENT - COSTS

1In this action, the Plaintiff, Eleanor Denise Baines, sued her former lawyers Linett & Timmis Barristers & Solicitors, for professional negligence.

2Linett & Timmis brought a motion for summary judgment to have Ms. Baines’ action dismissed. I granted summary judgment and dismissed Ms. Baines’ action.

3See Baines v. Linett & Timmis Barristers & Solicitors, 2014 ONSC 2348.

4Linett & Timmis seeks costs of $13,958.35 for the summary judgment motion and costs of $7,024.51 for the defence of the action.

5Ms. Baines is a self-represented litigant. She is on social assistance and her income is below the poverty line for a single adult. She has no access to credit and has personal debts of more than $20,000 including legal costs. She has no resources to pay her current debts.

6At the hearing of the summary judgment motion, I observed Ms. Baines to be a courteous and dignified litigant that had prosecuted her claims to the best of her ability. Although her action was legally unsound, it was not a frivolous claim.

7I see no purpose to be served in the circumstances of this case in making a notional or symbolic costs award that, practically speaking, cannot be paid but gives lip service to the normal rule that the successful party is entitled to costs.

8In the circumstances of this case, I exercise my discretion to make no order as to costs.

Perell, J.

Released: May 23, 2014

COURT FILE NO.: CV-10-405757
DATE: 20140523

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

ELEANOR DENISE BAINES
Plaintiff

– and –

LINETT & TIMMIS BARRISTERS & SOLICITORS
Defendant

REASONS FOR JUDGMENT – COSTS