2023 FC, 2023 FC 1624

Date: 20231204 Docket: T-1791-23 Citation: 2023 FC 1624 Vancouver, British Columbia, December 4, 2023 PRESENT: The Honourable Mr. Justice Lafrenière BETWEEN: WINSTON E. GASKIN Plaintiff and HIS MAJESTY THE KING Defendant ORDER AND REASONS [ 1 ] By Order and Reasons dated November 21, 2023 (Order), the Statement of Claim was removed from the Court file pursuant to Rule 74(1) of the Federal Courts Rules , SOR/98-106 : Gaskin v.

Canada , 2023 FC 1542 . [ 2 ] The Defendant requested in his written representations that costs be awarded in his favour, fixed in the amount of $750.00, given that addressing the vexatious, unfounded and abusive Statement of Claim proved to be an unnecessary drain on the Defendant’s resources. [ 3 ] The Plaintiff was provided an opportunity to make brief submissions, not exceeding three pages in length, before the matter of costs was adjudicated.

Rather than comply with the clear and unambiguous Order, the Plaintiff tendered three separate documents, numbering in total 831 pages. [ 4 ] Upon perusing the documents, I note that two of the documents, both entitled “Supplementary Information”, have nothing to do with the issue of costs. They shall accordingly be rejected for filing. As for the third document entitled “Plaintiff’s written submissions,” it far exceeds the page limit imposed in the Order and shall be rejected on this basis alone.

In any event, the Plaintiff’s submissions are not responsive to the Defendant’s request for costs, and instead repeat the same complaints about the fairness of the various proceedings he commenced before the Canadian Human Rights Commission and this Court. [ 5 ] The Defendant’s submissions proved to be of great assistance to the Court in determining whether it was appropriate to remove the Plaintiff’s pleading from the Court file under Rule 74. Given that the submissions resulted in the dismissal of the action, I see no reason to deviate from the general rule that costs should follow the event.

As for the quantum of costs requested by the Defendant, I consider it quite modest and more than reasonable. ORDER IN T-1791-23 THIS COURT ORDERS that : 1 . The documents tendered by the Plaintiff on November 29, 2023 shall be rejected for filing. 2 . The Plaintiff shall pay costs of the proceeding to the Defendant, hereby fixed in the amount of $750.00, inclusive of disbursements and taxes. Ank “Roger R. Lafrenière" blank Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-1791-23 STYLE OF CAUSE: WINSTON E.

GASKIN v HIS MAJESTY THE KING MOTION CONSIDERED AT VANCOUVER, BRITISH COLUMBIA PURSUANT TO RULE 74 OF THE FEDERAL COURTS RULES

ORDER AND REASONS: LAFRENIÈRE J. DATED: December 4, 2023 WRITTEN REPRESENTATIONS BY: Robert Drummond For The Defendant SOLICITORS OF RECORD : Attorney General of Canada Edmonton, Alberta For The Defendant