COURT FILE NO.: CV-07-329615 PD2

DATE: 20210420

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

PAUL TIAGO and ANITA TIAGO

Plaintiffs

and

TINIMINT HOUSING NON-PROFIT INC., THE REGIONAL MUNICIPALITY OF PEEL, SAMUEL PROPERTY MANAGEMENT LTD., MARTA MUNOZ, BRUCE LAIRD, IAN LATIMER and SPEIGEL NICHOLS FOX LLP

Defendants

BEFORE: Justice Edward Belobaba

COUNSEL: Aaron Hershtal for Defendants Ian Latimer and Speigel Nichols Fox LLP

Sean McGarry for Defendants Tinimint Housing Non Profit Inc., Marta Munoz and Bruce Laird

Theresa Hartley for Defendant Samuel Property Management

Christian Caffarena and Evan Kopiak for the Defendant Regional Municipality of Peel

No one attending for Responding Parties/Plaintiffs although duly served

HEARD: March 17, 2021 via Zoom video

COST AWARDS

[1] In a decision released on March 30, 2021 I dismissed the plaintiffs’ motion to reinstate long-dismissed actions and granted Peel Region’s motion for summary judgment, a matter that should have been heard seven years ago. I also granted the defendants’ application for a declaration that the plaintiffs are vexatious litigants.[^1]

[2] I said this in my reasons about the potential cost awards:

I asked for costs submissions from the defendants on a partial indemnity basis and I have now received the following. The Latimer Defendants seek costs in the amount of $22,172.12. The Tinimint Defendants ask for $11,098.01. Samuel Property seeks $9,422.51 and Peel Region $43,139.79 ($8,265.73 for its summary judgment motion and $34,874.06 for the action.) These costs requests are separate from the costs that have already been considered and awarded. Before I decide the appropriate cost awards, I would welcome a responding submission from the plaintiffs within 14 days.[^2]

[3] It has now been three weeks since the plaintiffs have been invited to forward responding cost submissions. Nothing has been received. This is not surprising. Over the course of the 15 years of spurious litigation, the plaintiffs have ignored literally dozens of adverse cost awards. The unpaid total now stands at $218,751.13. Whatever is awarded today will simply increase this amount – and again, will likely remain unpaid.

[4] Nonetheless, the defendants are entitled to their costs for the motions and application litigated herein. Given the vexatious dimensions of the plaintiffs’ conduct before this court over the years in question, it is arguable that the scale should be elevated to substantial indemnity. However, I am content with counsels’ acquiescence to use the partial indemnity measure.

[5] In my view, the amounts requested by each of the defendant groups (on a partial indemnity basis) as set out above are fair and reasonable to both the successful and unsuccessful parties.

[6] I therefore fix the costs payable to the Latimer Defendants at $22,172.12; to the Tinimint Defendants at $11,098.01; to Samuel Property at $9,422.51; and to Peel Region at $43,139.79 ($8,265.73 for its summary judgment motion and $34,874.06 for the costs of the action.) The overall total of $85,832.43 to be paid within 30 days by the plaintiffs, Paul and Anita Tiago, to the defendants as indicated.

[7] Order to go accordingly.

[8] I thank all counsel again for their assistance in this difficult matter.

Signed: Justice Edward P. Belobaba

Notwithstanding Rule 59.05, this Judgment [Order] is effective from the date it is made, and is enforceable without any need for entry and filing. In accordance with Rules 77.07(6) and 1.04, no formal Judgment [Order] need be entered and filed unless an appeal or a motion for leave to appeal is brought to an appellate court. Any party to this Judgment [Order] may nonetheless submit a formal Judgment [Order] for original signing, entry and filing when the Court returns to regular operations.

Date: April 20, 2021

[^1]: Tiago v. Tinimint Housing et al, 2021 ONSC 2232.

[^2]: Ibid. at para. 73.