2013 ONSC 5841, 2013 ONSC 5841

CITATION : Hills v. Royal Bank of Canada, 2013 ONSC 5841 COURT FILE NO.: 12-55733 DATE: 20130916 SUPERIOR COURT OF JUSTICE - ONTARIO RE: Kristine Hills, Plaintiff AND Royal Bank of Canada and M.

Romain Appraisal Services Inc., Defendants BEFORE: Justice Patrick Smith COUNSEL: Plaintiff is self-represented Roberto Ghignone, for the Defendants HEARD: By written submissions ENDORSEMENT [ 1 ] In my reasons dated August 9, 2013 (released August 12, 2013) I requested that the parties make written submissions to me on the issue of costs. [ 2 ] I have now received and reviewed those submissions. [ 3 ] The Plaintiff originally commenced her claim in Small Claims Court but later obtained an order transferring the claim to the Superior Court increasing the amount claimed from the sum of $25,000.00 to $259,000.00. [ 4 ] The Defendant M.

Romain Appraisal Services Inc. [“Romain”] was completely successful on the motion obtaining an order dismissing all of the Plaintiff’s claims including claims for negligence, fraud and conspiracy. [ 5 ] Romain seeks an order for costs on a partial indemnity basis in the amount of $22,823.94, $33,256.50 on a substantial indemnity basis and $37,734.02 on a full indemnity basis. [ 6 ] In her written submissions, the Plaintiff argued that no costs should be awarded and stated that: “Mr. Romain admits to adding $45,000.00 and a number of items to my appraisal report. He also admits that he made a mistake.

I should not have to endure another hardship in having costs assigned to me that I have absolutely no way of paying.” [ 7 ]

Section 131 of the Courts of Justice Act , R.S.O. 1990, c. C.43 [“CJA”], provides that costs to a proceeding are in the discretion of the court.

In exercising that discretion, a court may consider many factors including: the results achieved, the amount of costs that an unsuccessful party would be reasonably expected to pay, the importance of the issues, whether any step in the proceeding was vexatious, improper or unnecessary and the conduct of any party that tended to unnecessarily lengthen the duration of the proceeding. [ 8 ] There is no reason why the Defendant, Romain, should not be entitled to an award of costs. [ 9 ] The Plaintiff’s claim was totally without merit and should never have been commenced. [ 10 ] The allegations contained in the amended claim were serious as they alleged professional negligence, fraud and conspiracy. [ 11 ] Having considered the above factors, an order shall issue that the Plaintiff pay to the Defendant, Romain, the sum of $10,000.00 payable forthwith.

Patrick Smith J. Date: September 16, 2013 CITATION : Hills v. Royal Bank of Canada, 2013 ONSC 5841

COURT FILE NO.: 12-55733 DATE: 20130916 ONTARIO SUPERIOR COURT OF JUSTICE RE: Kristine Hills, Plaintiff AND Royal Bank of Canada and M. Romain Appraisal Services Inc., Defendants BEFORE: Justice Patrick Smith COUNSEL: Plaintiff is self-represented Roberto Ghignone, for the Defendants ENDORSEMENT Justice Patrick Smith Released: September 16, 2013