Court File and Parties

COURT FILE NO.: CV-21-00060272-0000 DATE: 2026-03-17

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

Raymond Desmarais Plaintiff

-- and --

The Corporation of the Town of Fort Erie, The Regional Municipality of Niagara Police Services Board Defendants

Self-represented

B. Remigis, for the Defendants

HEARD: In writing, in chambers

The Honourable Justice J. R. Henderson

COSTS DECISION

[1] The plaintiff's action against the Corporation of the Town of Fort Erie and the Regional Municipality of Niagara Police Services Board was dismissed pursuant to my written reasons dated February 25, 2026.

[2] The defendants were the successful parties, and accordingly the defendants are presumptively entitled to their costs of the action.

[3] The plaintiff could have resolved this action prior to trial by accepting either of the two offers to settle made by the defendants, but the plaintiff chose not to do so. The parties participated in a five-day trial that resulted in my aforementioned written decision.

[4] The defendants' bill of costs totals $36,963.12 on a partial indemnity basis. However, given the difficult financial position of the plaintiff and the remote chance of recovering costs, the defendants request a costs award in the total amount of $5,000. In my view, this request is a very fair compromise that is extraordinarily beneficial to the plaintiff.

[5] Therefore, I order that the plaintiff pay to the defendants their costs of the action in the amount of $5,000, all inclusive, payable within 90 days.

J. R. Henderson, J.

Date Released: March 17, 2026