Court File and Parties
COURT FILE NO.: CV-21-00668336-000 DATE: 2022-11-30 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: TROY WILSON, CANADA CAPITAL CORPORATION and CANADA INVESTMENT CORPORATION, Plaintiffs – and – ROMAN TURLO and 2384419 ONTARIO INC., Defendants
BEFORE: Justice E.M. Morgan
COUNSEL: Symon Zucker and Laney Paddock, for the Plaintiffs Thanasi Lampropoulos, for the Defendants
HEARD: Costs submissions in writing
COSTS ENDORSMENT
[1] On October 20, 2022, I issued my reasons for judgment in which I dismissed the Plaintiff’s defamation action. I concluded that it was a SLAPP suit in accordance with section 137.1 of the Courts of Justice Act, c. C 43 (the “CJA”).
[2] The Defendants now seek their costs on an elevated scale, as called for in section 137.1(7) of the CJA. They seek a total of $$63,572.84 on a full indemnity basis, including disbursements and HST.
[3] Under section 137.1(7), the Defendants are presumptively entitled to full indemnity for their legal costs. As my colleague Justice Myers said of this policy in Canadian Thermo Windows Inc. v. Seangio, 2021 ONSC 6555, at para 74, “The whole point of s. 137.1 is to prevent a plaintiff from inflicting substantial costs on defendants in order to chill their participation in expressions on matter of public interest.” In the instant case, there is nothing to suggest that the overring policy is inapplicable and I see no basis to deviate from the section 137.1(7) presumption.
[4] The amount sought by the Defendants is not especially high given what one sees in costs requests for complex motions. This matter entailed compiling a substantial record, researching a significant amount of law, and arguing a complex motion. Defendants’ counsel put in the time it took to succeed in the motion and have the action dismissed, and I see no reason to look behind that successful effort. The amount sought is reasonable under the circumstances.
[5] The Plaintiffs shall pay the Defendants costs in the all-inclusive amount of $63,572.84.
Date: November 30, 2022 Morgan J.