COURT FILE NO.: CV-16-0361-00 DATE: 2024-04-11
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Ontario Aboriginal Housing Support Services Corporation Applicant
E. Durst, for the Applicant
- and -
Patricia Ann Aho Respondent
P. Aho, self-rep
Regional Senior Justice W. D. Newton
Decision On Costs
1On November 15, 2023, I released reasons [1] in this case and ordered that cost submissions be delivered by the applicant within 60 days with the respondent, Ms. Aho, delivering cost submissions 30 days thereafter.
2The applicant’s cost submissions were served on Ms. Aho by ordinary mail on January 15, 2024. Ms. Aho has not delivered responding cost submissions.
3The applicant seeks substantial indemnity costs $125,000 or partial indemnity costs of approximately $95,000 including disbursements.
4The procedural history is set out at paragraphs 15 to 28 of my decision.
5This application was commenced over seven years ago. There are over 10 court appearances ending in the hearing of this application on June 9, 2023.
6As the applicant notes and I found, Ms. Aho deliberately delayed the completion of these proceedings and deliberately disobeyed court orders. She also made what I determined to be frivolous allegations against the applicant.
7I have reviewed the bill of costs and note that over 10 lawyers and articling students have been involved in this litigation over the years. As such, there is duplication of effort. Some of this was unavoidable simply due to the passage of time caused by Ms. Aho’s actions.
8This was not a complex proceeding but was made so by Ms. Aho’s actions.
9I also note that Ms. Aho is likely judgement proof and that there is little prospect of the applicant recovering their costs.
10Having reviewed the bill of costs and having considered the duplication of counsel and the steps necessary to advance this application in the face of Ms. Aho’s conduct, I fix the applicant’s costs payable by Ms. Aho a whole in the sum of $50,000 inclusive of disbursements and HST.
“originally signed”
Regional Senior Justice W. D. Newton
Released: April 11, 2024