Court File and Parties
COURT FILE NO.: CV-19-90 (Owen Sound) DATE: 2021-09-17
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
MARCO JASON FALARDEAU Plaintiff
-and-
OWEN SOUND POLICE SERVICES BOARD, CONSTABLE THOMAS HARRIS, CONSTABLE PETER SCHULTZ AND CONSTABLE LIZA WILD, AND SERGEANT TED KITTO Defendants
Counsel: Ken Wise, for Mr. Falardeau Larry Reimer, for the Defendants Heather Mackay, for the Attorney General
Heard: In writing Before: Justice R. Chown
COSTS ENDORSEMENT
Costs Endorsement
1I have received and reviewed the submissions of the parties regarding costs. I see no reason why costs should not follow the event. The costs claimed are $12,500 on a partial indemnity basis, reflecting a discount from the bill of costs which shows $18,715.13 at a partial indemnity rate.
2On behalf of Mr. Falardeau, it is stated:
a. that he brought this action in good faith;
b. he suffers from a head injury which contributes to his behaviour and contributes to his frequent contact with the police;
c. while unsuccessful, the case was potentially important to the public conversation about how the police are expected to conduct themselves around those with mental health disorders;
d. he proceeded reasonably;
e. he has limited income.
3I found that the action was not an abuse of process, but it was not shown that there were reasonable grounds for the proceeding.
4Considering all the foregoing, in my view a reasonable amount that Mr. Falardeau ought to have expected to pay, and a reasonable assessment of the costs, is $10,000 all inclusive.
Disposition
5Mr. Falardeau is ordered to pay the defendants the costs of this action which are fixed in the amount of $10,000 all inclusive.
Chown J.
Released: October 19, 2021