Court File and Parties

Court File No.: CV-13-480849, CV-13-480760 and CV-13-479773 Date: 20160715 Superior Court of Justice - Ontario

Re: Linda Pitney, Plaintiff And: Toronto Police Services Board, Toronto Police Services, Chief of Police Bill Blair, Det. Const. Andrew MacPhail, Court Officer Melissa Maya, Defendants

And Between: Carole Tovell, Plaintiff And: Toronto Police Services Board, Metro Toronto Police Services, Bill Blair, Chief of Police Andrew MacPhail, Police Officer, M. Savary, Court officer, Defendants

And Between: Rafat Parsaei, Plaintiff And: Toronto Police Services Board and Andrew MacPhail, Defendants

Before: Stewart J.

Counsel: Linda Pitney (in person) and Carole Tovell (in person) and James C. Morton for the Plaintiff, Rafat Parsaei Rebecca L. Bush and Kathryn Shani, for the Defendants

Heard: In Writing

Endorsement

[1] In my endorsement of March 24, 2016, I invited the parties to deliver written submissions on costs if they could not be agreed upon. I now have received and considered submissions from the Defendants and on behalf of Rafat Parsaei.

[2] Linda Pitney and Carole Tovell did not provide submissions on the subject of costs.

[3] The Defendants were successful in obtaining dismissals of each action as a result of the motions brought. In my view, there is no persuasive reason why they should not receive an award of costs with respect to the actions and the motions.

[4] Given the fact that the same or similar issues were raised in each case, I consider it appropriate to award costs in an equal amount for each.

[5] The Defendants seek costs on a partial indemnity scale in the total amounts of: (a) As against Pitney: $20, 351.34; (b) As against Tovell: $20,825.94; and (c) As against Parsaei: $17,065.56.

[6] Pitney and Tovell were self-represented on the motions. Parsaei was represented by counsel who attempted to as great extent possible to focus attention on the relevant issues only and to avoid any unnecessary waste of time and resources.

[7] When all of the factors affecting costs are considered, including the over-arching principle of proportionality articulated in Boncher v. Public Accountants (2004), 71 O.R. (3d) 291 (Ont. C.A.), I am of the opinion that the following dispositions of costs are fair and reasonable: (a) As against Pitney: $10,000.00; (b) As against Tovell: $10,000.00; and (c) As against Parsaei: $10,000.00.

[8] These amounts are inclusive of all disbursements and applicable taxes, and shall be payable to the moving party Defendants within 120 days of the date of release of this endorsement.

Stewart J. Date: July 15, 2016