Endorsement

COURT FILE NO.: 08-CV-348264 PD1

DATE: 20150813

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: JASON BEACH, Plaintiff

AND:

DEBRA GAICE WHITE, Defendant

BEFORE: STEWART J.

COUNSEL: Jason Beach, in person

Michael W. Smith, for the Defendant

HEARD: In Writing

ENDORSEMENT

[1] In my decision of June 1, 2015, I invited the parties to deliver submissions as to costs if that subject could not be agreed upon by them.

[2] I received submissions from counsel for the Defendant who seeks costs of approximately $62,000.00, inclusive of disbursements and taxes. That amount reflects a calculation of costs on a full indemnity basis after June 27, 2013, being the date of an Offer to settle to Beach of $10,000.00 plus costs.

[3] Beach’s submissions do not address costs directly, but rather seek a reversal of the dismissal of his action. I will treat his submissions as a request that either he should recover his costs, the Defendant should not be awarded costs, or the costs sought by the Defendant are too high.

[4] The trial of this action consumed some 5 days of attendance in court. The Defendant was wholly successful in obtaining a dismissal of the action. The facts that Beach is self-represented and is in some financial distress do not displace the general rule that costs should follow the event.

[5] After considering all submissions, the factors that govern an award of costs and the unfortunate circumstances of this case, I am of the view that a fair and reasonable amount to award to the Defendants for costs is $45,000.00, inclusive of all disbursements and applicable taxes. That amount shall be paid by Beach to the Defendant, only if demanded, within 90 days of the date of such demand.

STEWART J.

Date: August 13, 2015