Court File and Parties

Court File No.: CV-19-3943 Date: 2023 03 08 Superior Court of Justice - Ontario

Re: R.Q., Plaintiff And: N.G., Defendant

Before: Conlan J.

Counsel: R.Q., Self Represented Hailey Corrigan, for N.G.

Heard: March 8, 2023

Endorsement On Motion

[1] There was a court attendance today, by Zoom. This Endorsement relates to the Defendant, Ms. G. The other two Defendants were dealt with in a separate Endorsement.

[2] On consent of Mr. Q., the action is dismissed as against Ms. G. The only remaining issue is whether that dismissal should be without costs (as with the other two Defendants, and as per Mr. Q.’s position) or, alternatively, whether it should be with costs payable to Ms. G. (full indemnity is $7015.00 and partial indemnity is $4209.00, as per the Bill of Costs filed).

[3] This motion was brought by the Defendants, collectively. It was well done, but it was also a fait accompli. The November 2021 Minutes of Settlement signed by Mr. Q. in the family law proceeding sealed his fate on whether the within civil action against the same protagonist on the other side could persist. Clearly, it could not. Mr. Q. ought to have responded to the letter sent to him by counsel for Ms. G. dated August 26, 2022, which correspondence fairly warned him that costs would be sought if a motion was necessary to force the dismissal of his civil action, with a ready indication of his consent to that dismissal. He did not do so. The motion was brought and heard today, albeit in record time. Some costs, therefore, are appropriate.

[4] Not seven thousand dollars, though, or even four thousand. That would not be a proportionate response, in my respectful view. It would not be just or reasonable. That is not a comment about counsel for Ms. G. but rather a reflection that the assessment of costs, at least in terms of quantum, is more artful than scientific. It also makes some sense, when one reads the Minutes of Settlement, and the wording of the particular provision in question, that Mr. Q. assumed that he was doing what he was supposed to do in just leaving the civil action lie dormant, essentially abandoning it, as opposed to taking an affirmative step to have it dismissed. He told me that today, and it had some credibility to it.

[5] One letter (B-1-17 of CaseLines), joinder in a rather simple motion destined for success, and a very short appearance on video today. That is the sum-total of the sweat expended on behalf of Ms. G. and for which she should be partially compensated. $2000.00 in costs ordered in favour of Ms. G., which sum shall be paid by Mr. Q. within thirty calendar days after March 8, 2023. That is the order of the Court.

[6] The Court is grateful for the assistance of Ms. Corrigan. She did not flog the matter, showing some good instinctual advocacy.

Conlan J. Date: March 8, 2023