Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Tahar Amrane, Plaintiff
AND:
Carolee Abraham, Defendant
BEFORE: C.J. Brown J.
COUNSEL: Tahar Amrane, representing himself
Nicholas Rolfe, for the Defendant
HEARD: In Writing
COSTS ENDORSEMENT
[1]
Background
The defendant, Carolee Abraham, seeks her costs of this motion. She was wholly successful in defending the Rule 21 motion brought by the plaintiff, Tahar Amrane. The plaintiff has not made submissions as to costs, although requested to do so.
2The plaintiff’s claim was struck as disclosing no reasonable cause of action and as frivolous, scandalous and vexatious. The claim was further found to contain a radical defect, such that it could not be cured by an amendment to the claim.
3The defendant was noted in default by the plaintiff after the defendant had brought her Rule 21 motion and would not, thereafter, consent to lifting the noting in default.
[4]
Analysis
Costs are generally awarded to the successful party, to compensate, in part or wholly, the reasonable costs incurred by that party.
5In considering an award of costs, the court must consider the factors set forth in Rule 57.01 of the Rules of Civil Procedure. I have considered those factors, including the following submissions made by the defendant:
i) the amount claimed for damages against the defendant was unspecified;
ii) the conduct of the plaintiff tended to unnecessarily lengthen the proceeding;
iii) the plaintiff improperly noted the defendant in default after she had brought a Rule 21 motion, and refused to consent to lifting the noting in default, resulting in additional work required by the defendant to argue that point;
iv) the plaintiff advanced numerous legal arguments and theories, some novel, which required significant research; and
vi) the issues advanced were important to the defendant, as they alleged wrongdoing and discrimination on her part.
6While I do note that the plaintiff is self-represented, I also note that he is known to the court.
[7]
Disposition
Having reviewed the detailed costs outline, I award the defendant costs on a partial indemnity basis in the amount of $10,500. I am of the view that this amount is proportional and reasonable. The defendant has not made a claim for disbursements.
C.J. Brown J.
Date: October 14, 2021