Court File and Parties

COURT FILE NO.: CV-13-495324

DATE: 2019-10-16

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: BRIAN LUMSDEN AND DAVID LUMSDEN, Plaintiffs/Responding Parties

AND:

THE TORONTO POLICE SERVICES BOARD, CHIEF WILLIAM BLAIR, PAUL INGLEY, KEVIN WILLIAMS, MICHAEL SAMSON, PETER YAN, MARC BOWER AND DETECTIVE LINQUIST, Defendants/Moving Parties

BEFORE: Schabas J.

COUNSEL: Brian Lumsden, Counsel for the Plaintiffs/Responding Parties

Douglas O. Smith, Counsel for the Defendants/Moving Parties

HEARD: August 27, 2019

COSTS ENDORSEMENT

[1] In reasons released on September 11, 2019, I granted judgement for the defendants in accordance with a settlement which I found to be binding. At the conclusion of my reasons, I found that the defendants were entitled to costs of this motion, if demanded, and said that submissions could be made to me as to quantum, if necessary.

[2] The defendants have now provided me with a costs outline seeking costs be fixed on a partial indemnity basis in the amount of $5,000, inclusive of fees, HST and disbursements, payable if demanded.

[3] The plaintiffs’ costs submissions do not address the quantum sought by the defendants; rather the plaintiffs argue that they should be awarded costs, essentially on the basis that they were the victims of wrongdoing in this matter, are suffering financial hardship, and do not have any assets and are relying on social assistance to survive.

[4] In my view, the quantum sought by the defendants is reasonable, indeed modest. Accordingly, costs shall be fixed on a partial indemnity basis in the amount of $5,000, inclusive of fees, HST and disbursements, payable if demanded.

Schabas J.

Date: October 16, 2019