COURT FILE NO.: CV-18-00607488-0000

DATE: 2019/08/07

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

Mohamed AbdullahI, self-rep as BARUUTMAN and on behalf of PROPHET MUHAMMAD (PEACE BE UPON HIM), and FAIZA ALI

Plaintiffs

• and -

CHILDREN AID SOCIETY OF TORONTO, ALBERTA DANSO and MENA GILL, TORONTO POLICE SERVICE BOARD, CHIEF MARK SAUNDERS, ELIZABETH BYRNES, JAMES CASE, KRYSTAL MACLEOD, JASON MAUNDER, PAUL WALKER, MICHAEL HENRY, TODD BELZA and JAMES MUIRHEAD, THE MINISTRY OF ATTORNEY GENERAL OF ONTARIO, JENNIFER GIBSON, REBECCA LAW and JOANNE BRUNO

Defendants

Mohamed Abdullahi, self-represented

Heather Burnett for the Defendants Ministry of the Attorney General of Ontario, Jennifer Gibson, Rebecca Law, and Joanne Bruno

HEARD: May 31, 2019

PERELL, J.

REASONS FOR DECISION - COSTS

[1] The self-represented Plaintiff, Mohamed Abdullahi, has brought an action against: (a) the Children’s Aid Society of Toronto and two of its employees; (b) the Toronto Police Service Board, and ten police officers; and, (c) the Ministry of Attorney General, and Jennifer Gibson, Rebecca Law, and Joanne Bruno three Crown attorneys.

[2] In his Amended Statement of Claim, Mr. Abdullahi advances numerous causes of action, including: negligence, defamation, wilful misconduct, malicious prosecution, misfeasance in public office, unlawful conduct conspiracy, abuse of process, and breach of the sections 7, 8, 9, 10, 11, 12, and 15 of the Canadian Charter of Rights and Freedoms.

[3] Pursuant to Rule 21 the Attorney General Defendants sought an order that Mr. Abdullahi’s action be struck out and dismissed as against them. It required two attendances for the argument of the motion along with a companion Rule 21 motion brought by other defendants. I granted the Attorney General’s motion.[^1]

[4] The Attorney General Defendants submitted costs submissions in writing. Mr. Abdullahi did not file any responding costs submissions.

[5] Although the Attorney General Defendants was totally successful and incurred costs of $12,000 on a partial indemnity basis in responding the Mr. Abdullahi’s action, it seeks costs of $4,100, all inclusive for the motion and the dismissed action.

[6] The fact that costs are sought by salaried Crown Counsel is not a factor that affects the quantum of the costs to be awarded.[^2]

[7] The costs claim of the Attorney General Defendants is fair and reasonable and ought to have been within the expectations of the self-represented Mr. Abdullahi. I grant the Attorney General Defendants’ costs request.

[8] Order accordingly.

Perell, J.

Released: August 7, 2019

COURT FILE NO.: CV-18-00607488

DATE: 2019/08/07

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

Mohamed AbdullahI, self-rep as BARUUTMAN and on behalf of PROPHET MUHAMMAD (PEACE BE UPON HIM), and FAIZA ALI

Plaintiffs

• and -

CHILDREN AID SOCIETY OF TORONTO, ALBERTA DANSO and MENA GILL, TORONTO POLICE SERVICE BOARD, CHIEF MARK SAUNDERS, ELIZABETH BYRNES, JAMES CASE, KRYSTAL MACLEOD, JASON MAUNDER, PAUL WALKER, MICHAEL HENRY, TODD BELZA and JAMES MUIRHEAD, THE MINISTRY OF ATTORNEY GENERAL OF ONTARIO, JENNIFER GIBSON, REBECCA LAW and JOANNE BRUNO

Defendants

REASONS FOR DECISION - COSTS

PERELL J.

Released: August 7, 2019

[^1]: Abdullahi et al. v. Children’s Aid Society of Toronto et al. 2019 ONSC 3816.

[^2]: Courts of Justice Act, R.S.O. 1990, c. C.43, s. 131 (2); Ontario v. Rothmans, Inc., 2010 ONSC 1804 at para. 45.