SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: 11-53210
DATE: 20140120
RE: Helena Guergis, Plaintiff
- and –
Arthur Hamilton et al, Defendants
BEFORE: Hackland R.S.J.
COUNSEL:
Stephen Victor, Q.C., for the plaintiff
Robert W. Staley, for the defendant
ENDORSEMENT
[1] The defendant The Honourable Shelly Glover seeks an order dismissing or staying the action because of non-payment of costs owed to her by the plaintiff. She and four of the other individual defendants are owed jointly costs of $46,500 on a pleadings motion heard by this court. On appeal, the Court of Appeal ruled that the plaintiff’s defamation claim against Ms. Glover was arguable and could proceed, however the Court of Appeal ruled that the defendants were substantially successful on the appeal and a further award of costs in the sum of $25,000 was made against the plaintiff. The particular entitlement of Ms. Glover to costs out of these joint awards is unknown. The other remaining defendants in the action do not join Ms. Glover in this motion. There is a pending motion by certain of the remaining defendants to strike the plaintiff’s amended pleading. The plaintiff, who currently resides out of the jurisdiction, has deposed that she has paid $35,000 in costs to certain other defendants and is presently impecunious. Her affidavit to this effect was not challenged in cross-examination.
[2] The case law recognizes that the court has a broad discretion as to how to deal with issues of non-payment of costs. Here the action against Ms. Glover is not frivolous and was described by the Court of Appeal as arguable. The action is still at the pleadings stage and as noted a further motion to strike the amended statement of claim is pending. I am of the opinion that it is premature to consider the relief requested by this defendant. I am dismissing the motion without prejudice to any motion for security for costs which Ms. Glover (or any of the remaining defendants) might bring in the future, if appropriate and if so advised.
[3] If the plaintiff is seeking costs of this motion, she is to provide a brief written submission within two weeks from the release of the endorsement and Ms. Glover is to reply within two weeks from being served with that submission.
Mr. Justice Charles T. Hackland
Released: January 20, 2014
COURT FILE NO.: 11-53210
DATE: 20140120
SUPERIOR COURT OF JUSTICE - ONTARIO
Helena Guergis
- and –
Arthur Hamilton et al
ENDORSEMENT
HACKLAND R.S.J.
Released: January 20, 2014