Court File and Parties
COURT FILE NO.: CV-16-552993 DATE: 20170502 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Althea Reyes, Plaintiff AND: Meghan Scott, Defendant
BEFORE: Pollak J.
COUNSEL: Althea Reyes, self-represented Plaintiff Domenico Polla, for the Defendant
HEARD: February 9, 2017
Costs Endorsement
[1] I have reviewed the costs submissions of the Defendant Meghan Scott, but have not received any costs submissions from the Plaintiff Althea Reyes, notwithstanding the fact that Ms. Reyes was granted an extension to the time limit for her to deliver her costs submissions.
[2] I have read and considered the submissions of the Defendant, and I have taken into account the factors set out in Rule 57.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. I am required to award costs that are reasonable and fair. See Boucher v. Public Accountants Council for the Province of Ontario (2004), 71 O.R. (3d) 291 (C.A.).
[3] As the entirely successful party on this motion to strike, Ms. Scott is entitled to be awarded costs of this motion, including the costs thrown away that she has had as a result of Ms. Reyes’ non-attendance on previously scheduled motions in this matter. Ms. Scott submits that although Ms. Reyes was self-represented, she is an experienced litigator and has had costs awarded against her as a consequence of her unsuccessful litigation. It is submitted that she therefore could reasonably foresee the consequences of her being unsuccessful in pursuing this litigation. I agree with the submissions of Ms. Scott that in light of the serious allegations being made in the claim against her, where such allegations could have been prejudicial to her professional integrity and reputation as a public official and a lawyer, that it was necessary for Ms. Scott to take the legal steps that she did in order to protect herself.
[4] Further, when I consider all of the factors I have referred to above, I agree with the submissions of Ms. Scott that she is entitled to costs on a substantial indemnity basis forthwith, after the assessment thereof.
Pollak J. Date: May 2, 2017