Court File and Parties

COURT FILE NO.: 14-61407 DATE: 2018/11/28 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Byeongheon Lee, Plaintiff AND Doc McGhee, McGhee Entertainment, Capital Security and Investigations, Canadian Tire Centre, Gene Simmons and KISS, Defendants

BEFORE: Justice R. Ryan Bell

COUNSEL: Plaintiff, self-represented Robin S. Brown, for the Defendant Gene Simmons Pierre Champagne, for the Defendant Canadian Tire Centre

HEARD: In writing

Costs Endorsement

[1] On October 30, 2018, I dismissed Mr. Lee’s action as against Mr. Simmons and Canadian Tire Centre (“CTC”). I found that Mr. Lee has continuously failed to comply with his obligations as a litigant, that his behaviour has been unfair to Mr. Simmons and CTC and not that of a responsible litigant, and that his conduct shows disrespect for the court and the civil justice system.

[2] Mr. Simmons and CTC provided me with their costs submissions and outlines by November 12, 2018, in accordance with my endorsement. Mr. Lee was required to provide his responding submissions as to costs by November 26, 2018. I have received no submissions from Mr. Lee.

[3] As the successful parties, Mr. Simmons and CTC are entitled to their costs of their respective motions and the action. In the action, Mr. Lee claimed damages against the defendants in the amount of $375,000.00.

Mr. Simmons’ Costs

[4] Mr. Simmons seeks his partial indemnity costs in the amount of $5,108.03, inclusive of disbursements and HST. Most of Mr. Simmons’ costs of defending the action have already been the subject of prior decisions. In other words, most of the partial indemnity costs claimed relate to the motion. I find the hourly rates charged by Mr. Simmons’ counsel are within the range for counsel of their experience. Most of the work associated with the motion was performed by junior counsel who argued the motion.

[5] Mr. Simmons has drawn to my attention two steps which, he submits, were required due to Mr. Lee’s unreasonable actions. First, as a result of Mr. Lee’s failure to approve as to form and content the costs order of Labrosse J., Mr. Simmons was required to schedule and prepare materials for an appointment to settle the terms of the draft order. I find that Mr. Lee’s failure to approve the draft order was improper and resulted in an unnecessary attendance.

[6] Second, in August 2018, the parties attended a case conference before Roger J. that had been requested by Mr. Lee. Roger J. adjourned the case conference pending Kershman J.’s decision on Mr. Simmons’ motion to strike the amended statement of claim. I agree with Mr. Simmons that the case conference was unnecessary and resulted in increased costs to Mr. Simmons.

[7] I have determined that it is fair and reasonable to fix Mr. Simmons’ costs of the action and the motion in the amount of $5,108.03, inclusive of disbursements and HST.

CTC’s Costs

[8] CTC seeks its partial indemnity costs of the motion and the action in the total amount of $13,021.82, inclusive of disbursements and HST. I find that the hourly rates charged by counsel for CTC are within the range for counsel of their experience.

[9] CTC submits that Mr. Lee’s conduct unnecessarily lengthened the duration of these proceedings. That conduct included Mr. Lee’s failure to attend three scheduled case conferences, his failure to seek legal advice in relation to his proposed amended statement of claim as recommended by Kershman J., and proceeding to have an amended statement of claim issued – which was substantially the same as the proposed draft pleading rejected by Kershman J. – as a result of which defendants moved to strike the pleading.

[10] I agree. This matter was made more complex by Mr. Lee’s conduct. The quantum of costs sought by CTC is well within the reasonable expectations of Mr. Lee and commensurate with the amount at issue and the complexity of the matter.

[11] I have determined that it is fair and reasonable to fix CTC’s costs of the action and the motion in the amount of $13,021.82, inclusive of disbursements and HST.

Disposition

[12] I fix the total costs payable by Mr. Lee to Mr. Simmons for the motion and for the action, in the amount of $5,108.03, inclusive of disbursements and HST. I fix the total costs payable by Mr. Lee to CTC for the motion and for the action, in the amount of $13,021.82, inclusive of disbursements and HST. These costs are in addition to all previous costs orders. The costs are to be paid by Mr. Lee within 30 days.

Justice R. Ryan Bell Date: November 28, 2018