Faklan v. Niewiadomski, CITATION: 2015 ONSC 4155

COURT FILE NO.: 09-14583

DATE: 2015-06-26

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Michael Faklan operating as Faklan Health Services, plaintiffs

AND: Stanislaw Niewiadomski and Zofia Niewiadomski, defendants

BEFORE: Mr Justice Ramsay

COUNSEL: Gurlal S. Kler for the defendants; Pelton Law for the plaintiffs

ENDORSEMENT

[1] The action was dismissed by the Registrar. I dismissed the plaintiff’s motion to set aside the dismissal, with costs of the motion. I gave leave to the defendants to move for costs of the action, which they have now done. I have extended the time for the plaintiff to make submissions to counsel at his request. I have now received a letter from Mr Robert Hooper asking for a further extension to September 30, 2015. The defendants objected to the last extension. The extension sought is unreasonable. If the plaintiff did not succeed in finding counsel to take on his case until yesterday, the deadline for submissions, that is either because every lawyer he spoke to recognized that he had no case or because he was not willing to pay a reasonable fee. The matter has been unduly delayed already, and the question of costs is straightforward. The plaintiff lost, and he will pay costs on a partial indemnity basis.

[2] The action went as far as examination for discovery. The defendants offered a dismissal without costs, which the plaintiff should have taken. I fix costs at $8,500 all-inclusive and order the plaintiff to pay them.

J.A. Ramsay J.

Date: 2015-06-26