SUPERIOR COURT OF JUSTICE - ONTARIO

KINGSTON COURT FILE NO.: CV-14-419

DATE: 2015/07/06

RE: Ryan Jordan, Plaintiff

AND

Attorney General of Canada, Curtis Jackson (CBI Warden), Crystal Thompson (CBI Deputy Warden of Intervention), Leslie Ottenhof (CBI Manager of Assessment and Intervention) Stephanie King-Sanders (CBI Parole Officer, and CBI Segregation Unit), Defendant

BEFORE: Hackland J.

COUNSEL: Ryan Jordan in person

Korinda McLaine, for the Respondent

HEARD: in writing

COSTS ENDORSEMENT

[1] This was a pleadings motion in which the defendant, the Attorney General of Canada, was successful in striking out a substantial part of the plaintiff’s Statement of Claim as showing no cause of action or as improperly pleaded. Leave to amend was granted for certain of the paragraphs which were struck.

[2] As the defendant was substantially successful on the motion, costs are awarded on a partial indemnity basis against the plaintiff, as contemplated by Rule 57.

[3] The plaintiff is self-represented and is currently serving a sentence of life imprisonment in a federal penitentiary. I do not think this unusual circumstance should change the ordinary principles applicable in awarding costs.

[4] I have reviewed the costs submissions of both parties. I note that the defendant claims the sum of $9000 for costs on a partial indemnity scale. I appreciate that the plaintiff increased the defendant’s costs considerably by including multiple meritless causes of action in his Statement of Claim.

[5] In all the circumstances, I award the Attorney General of Canada its costs of this motion, which I fix in the sum of $7,500 inclusive of disbursements and HST, payable forthwith by the plaintiff.

Mr. Justice Charles T. Hackland

Released: July 6, 2015

KINGSTON COURT FILE NO.: CV-14-419

DATE: 2015/07/06

ONTARIO

SUPERIOR COURT OF JUSTICE

RE: Ryan Jordan, Plaintiff

AND

Attorney General of Canada, Curtis Jackson (CBI Warden), Crystal Thompson (CBI Deputy Warden of Intervention), Leslie Ottenhof (CBI Manager of Assessment and Intervention) Stephanie King-Sanders (CBI Parole Officer, and CBI Segregation Unit), Defendant

BEFORE: Hackland J.

COUNSEL: Ryan Jordan in person

Korinda McLaine, for the Respondent

COSTS ENDORSEMENT

HACKLAND J.

** Released: **July 6, 2015