Court File and Parties

COURT FILE NO.: CV-16-549586 MOTION HEARD: 2019 04 03

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Massimo Gargari v. Toronto Catholic District School Board

BEFORE: MASTER R.A. MUIR

COUNSEL: Nicholas Sampson for the plaintiff Baktash Waseil for defendant

REASONS FOR DECISION

[1] In my view, this motion turns on the wording of my order of November 22, 2018. [1] I dismissed the plaintiff’s production motion at that time without prejudice to the motion being brought again after the plaintiff had exhausted his remedies under the Municipal Freedom of Information and Protection of Privacy Act, RSO 1990, Chapter M.56 (the “MFIPP”).

[2] The plaintiff has not done so. He has not exhausted his appeal rights under MFIPP. My order contemplated such steps as is obvious from the reference to the appeal procedure in paragraph 3 of my reasons for decision. The plaintiff did not appeal or move to set aside or vary my November 22, 2018 order.

[3] This motion is therefore dismissed without prejudice to the plaintiff bringing this motion again after exhausting his appeal rights under MFIPP.

[4] The defendant has been successful and is entitled to costs. However, I view the costs requested of $2,900.00 as excessive for a simple motion of this nature. Also, many of the same issues were argued on the November 2018 motion. For these reasons, it is fair and reasonable for the plaintiff to pay the defendant’s partial indemnity costs of this motion fixed in the amount of $1,000.00, inclusive of HST and disbursements. These costs shall be paid by May 3, 2019.

Master R.A. Muir

DATE: 2019 04 03

[1] Reported at Gargari v. Toronto Catholic District School Board, 2018 ONSC 7009