COURT FILE AND PARTIES

COURT FILE NO.: 55480/14

DATE: 2015/11/09

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: R. Maxine Collins, Plaintiff

AND:

Her Majesty the Queen in Right of Canada, Defendant

BEFORE: Turnbull, J.

COUNSEL:
R. Maxine Collins, self-represented.

Michael J. Sims Counsel, for the Defendant

HEARD: June 24 and July 29, 2015

COST SUBMISSIONS: November 26, 2015

Costs ENDORSEMENT

[1] On November 9^th, 2015, the court granted the defendant’s motion to strike the statement of claim in this matter without leave to amend and awarded the defendant costs on a substantial indemnity basis. The court invited written submissions from the parties which have been received as requested.

[2] As noted by counsel for the defendant, Ms. Collins has had repeated kicks at the litigation can which can and do impose significant costs on the public purse and consumes scarce resources that can be better spent elsewhere.

[3] In the materials filed before the court for this assessment, the hourly rate and fees charged by the defendant’s counsel is very fair and eminently reasonable. I note Ms. Arnold who was called to the bar in 1997, has charged her hourly rate of only $229.80. Mr. Kapches, he was called to the bar in 2012, has charged his hourly rate of only $153.10. I further note that the time spent by counsel is appropriate and the total substantial indemnity costs sought of $15,501.98 is reasonable.

[4] I have considered the principles applicable under Rule 57 of the Rules of Civil Procedure. In particular, there is no reason that the defendant should not be indemnified for being totally successful in having this action dismissed at an early stage. The costs incurred which are just in excess of $15,500.00 are an amount which an unsuccessful party could reasonably expect to pay in relation to this step in a proceeding.

[5] This matter was not extremely complex though at times it was confusing to understand the specific submissions of Ms. Collins. The issues themselves were not of any great import other than to the defendant which wishes to terminate further vexatious litigation on the part of the plaintiff.

[6] I find that the conduct of the plaintiff, in constantly attempting to re-litigate the same issue against the government, borders on being vexatious and unnecessary and an award of costs is required to reflect that fact.

[7] It is therefore ordered that the defendant shall be paid its substantial indemnity costs in the amount of $15,501.98 as claimed in its submissions within 30 days of this ruling.

Turnbull, J

Date: March 17, 2016