Faklan v. Niewiadomski, CITATION: 2015 ONSC 4155
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
1The 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.
2The 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