CITATION: Muirhead v. York Regional Police Services Board, 2015 ONSC 2142
COURT FILE NO.: 13-CV-493407
DATE: 20150402
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
DAMEIAN MUIRHEAD and CHANTAL MUIRHEAD
Plaintiffs
– and –
YORK REGIONAL POLICE SERVICES BOARD, YORK REGIONAL POLICE, CHIEF ERIC JOLLIFFE, DEPUTY CHIEF BRUCE HERRIDGE, DEPUTY CHIEF THOMAS CARRIQUE, JASON FRASER, SUPERINTENDENT ANTHONY CUSIMANO, DETECTIVE JEFF TAYLOR, INSPECTOR RUSSELL BELLMAN, DETECTIVE JAMES McROBBIE, and RHEAL DUGUAY
Defendants
Munyonzwe Hamalengwa for the Plaintiffs
Kevin McGivney and Natalie Kolos for the Defendants York Regional Police Services Board, York Regional Police, Chief Eric Jolliffe, Deputy Chief Bruce Herridge, Deputy Chief Thomas Carrique, Jason Fraser, Superintendent Anthony Cusimano, Detective Jeff Taylor, Inspector Russell Bellman and Detective James McRobbie
HEARD: In writing
PERELL, J.
REASONS FOR DECISION - COSTS
[1] The Defendants (save one, Rheal Duguay) brought a motion to have the action of Dameian Muirhead and Chantal Muirhead struck out. The Defendants submitted that the Superior Court did not have jurisdiction to deal with what is a labour relations matter governed by the Police Services Act, R.S.O. 1990, c. P.15 and the collective agreement between the York Regional Police and the York Regional Police Association, of which the Muirheads are members.
[2] In the result, I struck out the Muirheads’ Statement of Claim with leave to Constable Dameian Muirhead to plead a claim in misfeasance in public office. See Muirhead v. York Regional Police Services Board, 2014 ONSC 6817.
[3] As the predominantly successful party on the motion, the Defendants seek costs of $15,419.95, all inclusive on a partial indemnity scale.
[4] The Muirheads submit that the appropriate award is that there should be no order as to costs.
[5] The Muirheads submit that there should be no costs awarded because they were more or less forced to resort to the courts because up until recently, the Defendants refused to mediate or arbitrate the dispute and because the Muirheads’ case is a matter of public interest.
[6] In my opinion, in the circumstances of this case, neither reason justifies a departure from the normal rule that costs should follow the outcome, which in this case was to strike out the totality of the Muirheads’ claim as it had originally been pleaded with leave to amend.
[7] In these circumstances, in my opinion, the appropriate award is partial indemnity costs payable to the Defendants in any event of the cause; i.e. the costs will be payable after the trial of Constable Muirhead’s misfeasance in public office claim.
[8] Although it is unfortunate that the Defendants only recently agreed to mediate the Muirheads’ grievances, the fact remains that the Muirheads did not plead an action within the court’s jurisdiction.
[9] And, while the Muirheads’ case is a high profile dispute in the York Region and a matter of interest to the public, in its essence, it is an employment law dispute and not public interest litigation.
[10] I fix the costs at $15,419.95, all inclusive. This sum is fair and reasonable and within the reasonable expectations of the Muirheads.
[11] Order accordingly.
Perell, J.
Released: April 2, 2015
CITATION: Muirhead v. York Regional Police Services Board, 2015 ONSC 2142
COURT FILE NO.: 13-CV-493407
DATE: 20150402
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
DAMEIAN MUIRHEAD and CHANTAL MUIRHEAD
Plaintiffs
– and –
YORK REGIONAL POLICE SERVICES BOARD, YORK REGIONAL POLICE, CHIEF ERIC JOLLIFFE, DEPUTY CHIEF BRUCE HERRIDGE, DEPUTY CHIEF THOMAS CARRIQUE, JASON FRASER, SUPERINTENDENT ANTHONY CUSIMANO, DETECTIVE JEFF TAYLOR, INSPECTOR RUSSELL BELLMAN, DETECTIVE JAMES McROBBIE, and RHEAL DUGUAY
Defendants
REASONS FOR DECISION - COSTS
PERELL J.
Released: April 2, 2015