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

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

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

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

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

[5] Ms. 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.

[6] At 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.

[7] I 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.

[8] In 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

PERELL J.

Released: May 23, 2014