Court File and Parties

COURT FILE NO.: CV-13-2628 DATE: 20230706

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Ennin v. BMO et al

BEFORE: Baltman J.

COUNSEL: A. Hussain, for the Plaintiff A. Fox, for the Defendants Bank of Montreal, Marisa Genua and Jane Doe R. Squires, for the Defendant York Regional Police Services Board

COSTS ENDORSEMENT

[1] The Defendants claim fees and disbursements arising from the action brought by the Plaintiff. The matter arose from an incident on November 9, 2012, when the Plaintiff was detained by police at a BMO branch for investigation of a possible fraud. He alleged the detention was motivated by anti-Black racism.

[2] The action was commenced by Statement of Claim issued on June 20, 2013. In the claim, the Plaintiff sought damages of $1,200,000 plus interest and costs. Examinations for discovery were completed in 2017.

[3] After numerous delays, the action was struck from the trial list. In my decision dated February 3, 2023, I dismissed the Plaintiff’s motion to restore the action to the trial list: Ennin v. BMO, 2023 ONSC 873, and awarded costs related to that motion. I also provided deadlines for costs submissions with respect to the action itself. The Defendants complied with those timelines, but no materials have been submitted on behalf of the Plaintiff.

[4] The relevant criteria are set out in R. 57 of the Rules of Civil Procedure. Here, there are several factors that support a significant cost award in favour of the Defendants:

a) The Statement of Claim contained serious allegations against the Defendants, calling into question their integrity and professionalism. It also alleged serious intentional misconduct by the York Regional Police officers; b) Throughout, the action was afflicted by numerous delays as a result of the complacent and sloppy handling by the Plaintiff; c) The Defendants jointly offered to settle this claim at three different points, in amounts ranging from $5,000 to $10,000 inclusive of costs. All offers were rejected; d) The action proceeded through to examinations for discovery.

[5] On a partial indemnity basis, BMO seeks fees of $14,238 (inclusive of HST) plus disbursements of $1,121.09; York Regional Police seeks fees of $14,021 (inclusive of HST) plus disbursements of $2,283.78. Given that the case advanced through to examinations for discovery, involved serious allegations, and was delayed numerous times by the Plaintiff - who also rejected several offers to settle – I find both requests reasonable.

[6] The plaintiff shall therefore pay costs as follows:

a) To BMO, $15,359.09 inclusive of HST and disbursements; b) To York Regional Police, $16,304.82 inclusive of HST and disbursements.

[7] These costs are in addition to the costs awarded on the motion to have the matter struck from the trial list.

Baltman J. DATE: July 6, 2023