SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: CV-13-478728

DATE: 20140929

RE: Dafina E. Markowa, Plaintiff

AND:

Osborne G. Barnwell, Defendant

BEFORE: Justice W. Matheson

COUNSEL:
Self-represented Plaintiff

Adam Pantel, for the Defendant

HEARD: By written submissions

ENDORSEMENT

[1] In my decision of August 27, 2014, I granted the defendant’s motion to dismiss this action and invited written costs submissions. Counsel to the defendant has delivered costs submissions. The plaintiff has not, although she did send several written communications including notices of appeal.

[2] On September 19, 2014, I gave the plaintiff an extension of time for her costs submissions, until September 25, 2014, even though the plaintiff had not requested an extension of time. Since that time, I have received written communications from the plaintiff dated September 25 and September 26, 2014, but no written costs submissions. I therefore assume that the plaintiff does not intend to make any submissions, but I also assume that she disputes the costs claim made by the defendant.

[3] The defendant seeks costs of the motion and of the action, in that the action has been dismissed. In accordance with the ordinary rule, the defendant has been successful and shall have its costs.

[4] The defendant seeks the all-inclusive sum of $18,764.26. This claim for costs is made on a full indemnity basis in that the motion has been granted, and action dismissed, on the grounds that the action was frivolous and vexatious and an abuse of process. In support of the amount claimed, the defendant also relies upon the volume of material delivered by the plaintiff in response to the motion, which included over 200 pages of written argument, among other things.

[5] The defendant also relies on Geographic Resources Integrated Data Solutions Ltd. v. Peterson, 2013 ONSC 1041. In keeping with that decision, there ought not be a substantial discount to the above figure for an award of costs on a partial indemnity basis.

[6] Considering all of the relevant factors as enumerated in Rule 57.01 of the Rules of Civil Procedure, I conclude that the amount of $12,500, all-inclusive, is appropriate in the circumstances of this case.

[7] I therefore order the plaintiff to pay to the defendant the sum of $12,500, all-inclusive, in respect of costs.

[8] Defendant’s counsel has also provided a draft order for my signature. In that regard, just as I did with the plaintiff, I direct defendant’s counsel to follow the procedure set out in Rule 59.04.

Justice W. Matheson

Date: September 29, 2014