2013 ONSC 7673, 2013 ONSC 7673

CITATION : David v. Niagara Regional Police Service, 2013 ONSC 7673 COURT FILE NO.: 1702/10 DATE: 2013/12/16 ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: ) ) Ryan David ) ) ) Margaret A. Hoy, for the Plaintiff ) Plaintiff ) ) - and - ) ) ) Niagara Regional Police Service, Regional Municipality of Niagara Police Services Board, John’s Doe and Jane’s Doe, Employees of the Niagara Regional Police Service ) ) ))) Stephen Chisholm, for the Defendants ) Defendants ) ) ) ) THE HONOURABLE JUSTICE B. H.

MATHESON COSTS ENDORSEMENT [ 1 ] The Defendant is asking for costs in the amount of $5,535.87 which includes HST. [ 2 ] This file was replete with errors on behalf of the Plaintiff. The Plaintiff’s lawyer did not give any reasonable explanation for the errors in putting this matter down for trial.

In my endorsement, which was released September 10, 2013, I list the number of reasons for not allowing the matter to be put on the trial list at paragraphs 47-55. [ 3 ] In my endorsement I found that there was negligence in the prosecution of the matter and that the Defendant was entitled to costs. [ 4 ] The awarding of costs is governed by Rule 57.01 of the Rules of Civil Procedure .

[ 5 ] I find that the conduct of the Plaintiff after the alleged incident of October 31, 2008 and the subsequent retention of counsel needed much clarification as to the conduct of the action. It was not forthcoming. The action as against the Defendant is now at an end. [ 6 ] The Defendant filed with the court a seven-page submission, with case law. The Plaintiff’s solicitor sent a page and a half letter to the court, which was not apparently served on the Defendant’s lawyer.

This came to light when I had my court registrar contact the Defendant’s lawyer to inquire if there was going to be any reply. [ 7 ] After my endorsement was released, the Defendant’s lawyer wrote the Plaintiff’s lawyer indicating that they would settle the costs issue for some $2,500.00. (See attached letter of September 16, 2013.) [ 8 ] The Plaintiff’s lawyer in her letter of September 26, 2013 stated that she would resolve the costs issue at $1,500.00. (See attached letter of September 26, 2013.) [ 9 ] As stated, the Defendant is now asking for some $5,537.87, more than double the amount first asked to settle the costs issue. [ 10 ] In light of that letter, I find that the present request of the Defendant’s lawyer reminds me of a quote from Robert Browning, “Ah, but a man’s reach should exceed his grasp or what’s a heaven for?” [ 11 ] Having written that I feel that the conduct of the Plaintiff should have a greater sanction than the $1,500.00 first offered, I would award $2,500.00 costs, all inclusive, to be paid within 30 days. ___________________________ Matheson J.

Released: December 16, 2013 CITATION : David v. Niagara Regional Police Service, 2013 ONSC 7673 COURT FILE NO.: 1702/10 DATE: 2013/12/16

ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: Ryan David Plaintiff - and – Niagara Regional Police Service, Regional Municipality of Niagara Police Services Board, John’s Doe and Jane’s Doe, Employees of the Niagara Regional Police Service Defendants COSTS ENDORSEMENT Matheson J. Released: December 16, 2013