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

[1] I 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.

[2] On 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.

[3] I found that the action was not an abuse of process, but it was not shown that there were reasonable grounds for the proceeding.

[4] Considering 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.

[5] Mr. 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