Court File and Parties

COURT FILE NO.: CV-18-00138394-0000

DATE: 2021-10-07

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: ROBERT LEPP, Plaintiff

AND:

THE REGIONAL MUNICIPALITY OF YORK, THE YORK REGIONAL POLICE SERVICES BOARD, YORK REGIONAL POLICE, THE CORPORATION OF THE TOWN OF AURORA, MANDIE EDDIE (AKA MANDIE CRAWFORD), HELEN CLARKE (AKA HELEN CLARKE-JENNINGS) and JACLYN SOLOMON, Defendants

BEFORE: Regional Senior Justice Edwards

COUNSEL: Robert Lepp, Plaintiff, self-represented Charles A. Painter, Lawyers for the Defendants, The Corporation of the Town of Aurora and Mandie Eddie (aka Mandie Crawford)

HEARD: In-Writing

COSTS ENDORSEMENT

[1] I have received the costs submissions of Mr. Painter and Mr. Lepp as they relate to the disposition of the contempt motion. Mr. Lepp has submitted more than one response to Mr. Painter’s submissions.

[2] The Town of Aurora was entirely successful with respect to the contempt motion. The Town seeks its costs fixed on a full indemnity basis in the amount of $16,200.98. Mr. Lepp argues there should be no costs.

[3] In fixing costs, the Court must fix an amount that is fair, reasonable, proportionate and reflects what the losing party might reasonably have anticipated to pay. Mr. Lepp is self-represented. If this was his first exposure to the vagaries of civil litigation, he might possibly not have understood that as the losing party he might be called upon to pay the Town’s costs. Mr. Lepp is not however unfamiliar with the concept of costs. I am more than satisfied that given his experience with the litigation that I am case managing, as well as other cases he is involved in elsewhere in Ontario, that he would understand that as the losing party he could be responsible for the Town’s costs.

[4] I have reviewed Mr. Painter’s Bill of Costs. While I have little doubt that the hours reflected in that Bill were incurred, I do have concerns with respect to duplication of time and effort that should be reflected in the courts final disposition as it relates to the Town’s costs. I am also satisfied that, subject to my concerns about duplication of time and effort, the Town should receive its costs on a full indemnity basis given that this was not the first contempt motion Mr. Lepp has been involved in. Mr. Lepp simply needs to understand that there is a cost associated with contemptuous behavior, which cost is at least partially reflected in the courts disposition as it relates to costs. I am therefore ordering Mr. Lepp to pay the Town’s costs which I am fixing in the amount of $12,000 all inclusive. These costs are payable forthwith.

[5] As it relates to Mr. Lepp’s motion to add parties to his Statement of Claim, I am ordering as follows:

a) The motion will proceed on January 17, 2022 at 8:30 a.m. via Zoom.

b) Mr. Lepp’s motion materials are to be served and filed with the Court via CaseLines no later than January 10, 2022 at 4:30 p.m. -subject to para d) below. No further material is to be filed by Mr. Lepp after January 10, 2022 at 4:30 p.m.; Mr. Lepp is to file a factum limited to no more than 15 pages by January 10, 2022 at 4:30 p.m.

c) All responding material from any and all respondents is to be served and filed with the court via CaseLines no later than January 13, 2022 at 4:30 p.m.; any respondent intending to participate in the oral argument is to file a factum via CaseLines no later than January 13, 2022 at 4:30 p.m.

d) Mr. Lepp may file a reply factum responding only to the respondents facta limited to no more than 5 pages which is to be filed through CaseLines by 12:00 noon on January 14, 2022.

e) Mr. Lepp will have 45 minutes for oral argument and 15 minutes in reply.

f) The respondents in total will have one hour to respond to Mr. Lepp - counsel will be expected to allocate that one hour time period amongst themselves and advise the court at the commencement of argument how the one hour has been allocated.

g) Mr. Lepp and the respondents are to file a Bill of Costs on CaseLines for the motion which Bills are to be filed by Mr. Lepp no later than January 14, 2022 at 12:00 noon and by the Respondents no later than 4:30 p.m. on January 14, 2022.

M.L. EDWARDS, RSJ

Date: October 7, 2021