CITATION: Farjon et al. v. Farazli et al. 2015 ONSC 3974
COURT FILE NO.: 11-52738
DATE: 2015/06/17
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Jean-Francois Farjon and Rebecca Soroka, Plaintiffs
AND
Dr. Christiane Farazli and C. Farazli Medicine Professional Corporation, Defendants
BEFORE: The Honourable Justice M.Z. Charbonneau
COUNSEL: Roch Dupont, counsel for the Plaintiffs
Josh Hanet, counsel for the Defendants
HEARD: Written submissions
ENDORSEMENT ON COSTS
[1] The plaintiffs sought to introduce into evidence at the certification motion a news release of the College of Physicians and Surgeons of Ontario Committee decisions. That document was clearly inadmissible by virtue of section 36(3) of the Regulated Health Professionals Act.
[2] Notwithstanding repeated demands to withdraw the document, the plaintiffs refused to do so and therefore forced the defendants to bring a motion to strike the news release from the record.
[3] Practically on the eve of the hearing of the motion the plaintiffs finally agreed to withdraw the news release from their motion record.
[4] This is a very substantial claim and I find the defendants were fully justified in bringing the motion. The plaintiffs’ conduct was unreasonable in the circumstances and only served to increase the costs of the motion. I find that the defendants are entitled to be partially indemnified for the costs of the motion. I also find that the plaintiffs in all the circumstances knew or ought to have known that the costs of the motion could be substantial. I do not agree that the amount claimed by the defendants is justified in view of the relative complexity of the issues raised by the motion.
[5] I find a reasonable amount to fairly partially indemnify the defendants is $2,500.00 all-inclusive and payable forthwith.
M. Z. Charbonneau
Charbonneau, M.Z.
Date: June 17, 2015
CITATION: Farjon et al. v. Farazli et al. 2015 ONSC 3974
COURT FILE NO.: 11-52738
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Jean-Francois Farjon and Rebecca Soroka, Plaintiffs
AND
Dr. Christiane Farazli and C. Farazli Medicine Professional Corporation, Defendants
BEFORE: The Honourable Justice M.Z. Charbonneau
COUNSEL: Roch Dupont, counsel for the Plaintiffs
Josh Hanet, counsel for the Defendants
ENDORSEMENT
Charbonneau M.Z.
Released: June 17,2015