Court File and Parties

Court File No.: CV-20-00002202 Date: 2022-02-11 Superior Court of Justice - Ontario

Re: The Toronto-Dominion Bank, Plaintiff And: Jennifer Virgo, Defendant

Before: Regional Senior Justice M.L. Edwards

Counsel: Phillip Polster, Counsel for the Plaintiff Jennifer Virgo, Self-Represented Defendant

Heard: In Writing

Costs Endorsement

[1] On January 31, 2022, I released my Endorsement dismissing the Defendant’s counter-claim. I invited costs submissions which I have now received. Counsel for the Toronto-Dominion Bank (The Bank) seeks costs in the amount of $1,627.20 on a substantial indemnity basis, or on a partial indemnity basis $1,017.00.

[2] In my Endorsement I indicated that the parties should submit written submissions limited to two pages in length. The submissions that I received from Ms. Virgo (as represented by her husband) totalled nine pages, including what would appear to be grounds for appeal that are now being advanced on behalf of Ms. Virgo in the Divisional Court.

[3] Even giving credit for the fact that Ms. Virgo is self-represented with the assistance of her husband, the costs submissions in no way respond to the issues that could and should be raised, and specifically the factors that the court is required to consider under Rule 57.01 of the Rules of Civil Procedure. The submissions made on behalf of Ms. Virgo regrettably amount to nothing more than a continued attack on the integrity of counsel for the Bank as well as the integrity of this court as a whole.

[4] The court is required to arrive at a costs award that is fair and reasonable: see Davies v. Clarington (Municipality) et al., 2009 ONCA 722. The court is also required to fix an amount of costs that the losing party might reasonably have expected to pay as the losing party: see Boucher v. Public Accountants Council for the Province of Ontario (2004), 71 O.R. (3d) 291 (C.A.). The court is required to consider the factors set forth in Rule 57.01 in the exercise of the court’s discretion when awarding costs.

[5] The allegations made by Ms. Virgo, reflected in her written submissions, are scandalous and vexatious. An award of substantial indemnity costs in my view is appropriate, and as such I am fixing costs payable to the Bank in the amount of $1,500 all-inclusive forthwith.

Regional Senior Justice M.L. Edwards Date: February 11, 2022