Court File and Parties

COURT FILE NO.: CV-15-532500 DATE: 2018-08-27 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: The Law Society of Upper Canada AND: Aspasios Paul Hatzitrifonos a.k.a. Paul Hatz

BEFORE: P.J. Monahan, J.

COUNSEL: Julia Wilkes, for the Applicant Aspasios Paul Hatzitrifonos, his own behalf

HEARD: October 6 & November 7, 2017, March 29 & April 30, 2018

COSTS ENDORSEMENT

[1] On November 28, 2017, I found the Respondent, Aspasios Paul Hatzitrifonos, in contempt of court for breaching the November 27, 2015, order of Dunphy J. of this Court (the “Order”), enjoining him from engaging in the unauthorized provision of legal services or from holding himself out as a person entitled to practice law or provide legal services in Ontario. I found that Mr. Hatzitrifonos, with knowledge of the Order, had essentially ignored it and continued with his legal services business, including appearing on behalf of clients in the Ontario Court of Justice and providing them with legal advice.

[2] Having found Mr. Hatzitrifonos in contempt of court, I then adjourned the proceeding to permit the parties to make submissions on the appropriate penalty. On June 15, 2018, I accepted Mr. Hatzitrifonos’s written apology as an expression of his remorse and intention to comply with orders of this Court in the future. I further ordered him to undertake an additional 40 hours of community service and to make monthly payments of $30 per month for the next 12 months to the law society as partial payment of outstanding court orders. I also invited the parties to make submissions with respect to the costs of the contempt proceeding.

[3] In its submissions, the Law Society argues that as the successful party on the motion, it is presumptively entitled to its costs and there is no reason to depart from that ordinary rule in this case. The Law Society noted that it has been engaged in a lengthy process to restrain Mr. Hatzitrifonos from providing legal services contrary to the Law Society Act. Mr. Hatzitrifonos’s continued breaches of the Order necessitated an expensive contempt motion.

[4] The Law Society also points out that Mr. Hatzitrifonos’s conduct significantly lengthened the hearing. For example, throughout the contempt hearing, Mr. Hatzitrifonos attempted to relitigate issues that had previously been determined. In addition, Mr. Hatzitrifonos made numerous adjournment requests and, in part because of this conduct, the parties were required to appear in court on 7 different days. It seeks its costs on a substantial indemnity basis.

[5] Mr. Hatzitrifonos argues that he is currently earning a very modest income and he is already under an obligation to pay previous costs awards to the Law Society. He also argues that he has difficulty paying his rent and other bills and is currently living paycheck to paycheck.

[6] Recognizing Mr. Hatzitrifonos’s modest means and the challenges associated with requiring him to pay additional costs, I nevertheless am of the view that there is no reason to depart in this case from the normal rule that the Law Society is entitled to its costs on this motion. The motion was made necessary due to the wilful and continued conduct of Mr. Hatzitrifonos in ignoring prior court orders. The Law Society has an important public interest role in protecting the Ontario public from untrained and unlicensed practitioners such as Mr. Hatzitrifonos. Moreover, Mr. Hatzitrifonos’s deliberate flouting of court orders made these proceedings necessary to ensure appropriate respect for court orders and the rule of law.

[7] That said, I am not prepared to order costs on a substantial indemnity basis and find that the Law Society is entitled to its costs on a partial indemnity scale. The amount of time spent and the rates charged are entirely reasonable given the nature of this proceeding. I therefore award the Law Society its fees of $15,477.90, HST of $2012.13, and disbursements of $1470.03 for a total of $18,960.06, payable within 120 days.

P.J. Monahan, J. Date: August 27, 2018