Farjon et al. v. Farazli et al., 2015 ONSC 3974

ENDORSEMENT ON COSTS

1The 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.

2Notwithstanding 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.

3Practically on the eve of the hearing of the motion the plaintiffs finally agreed to withdraw the news release from their motion record.

4This 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.

5I 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.