Court File and Parties

Brockville Court File No.: 15-0775 Date: 2016-09-20 Superior Court of Justice - Ontario

Re: Robert Marleau, Plaintiff And: City of Brockville and Brockville Police Sgt. Todd Bertrend, Defendants

Before: Madam Justice A.C. Trousdale

Counsel: Robert Marleau, self-represented John D. Simpson, Counsel for the Defendants

Heard: In chambers

Endorsement on Costs

[1] This was a motion in which the Defendants, the City of Brockville and Brockville Police Sgt. Todd Bertrend were successful in striking out the Plaintiff’s Statement of Claim as improperly pleaded. The Plaintiff was granted leave to amend his Statement of Claim.

[2] The Defendants were substantially successful on the motion although unsuccessful in their position that the Plaintiff should not be given leave to amend his Statement of Claim.

[3] The Defendants submitted a Bill of Costs in which I note they claim costs of $8,463.70 on a partial indemnity basis.

[4] The Plaintiff represented himself. The Plaintiff did not submit any costs submissions nor a Bill of Costs although I had permitted him to do so by August 25, 2016.

[5] In all the circumstances and in the exercise of my discretion, I find that the Defendants are entitled to costs of this motion on a partial indemnity basis, which I fix in the sum of $5,500.00 inclusive of disbursements and HST, payable by the Plaintiff within 30 days.

[6] Order to go accordingly.

Madam Justice A.C. Trousdale Date: September 20, 2016