) ) MIHA HALIK v. THE ESTATE OF HIS, 2017 ONSC 3461

CITATION : Halik v.

Chief of the Toronto Police William Blair, 2017 ONSC 3461 COURT FILE NO.: 498/15 DATE: 20170605 ONTARIO DIVISIONAL COURT BETWEEN: ) ) MIHA HALIK AND THE ESTATE OF HIS MOTHER TERIZIJA DRAZIC Plaintiffs/Appellants – and – CHIEF OF THE TORONTO POLICE WILLIAM BLAIR, TORONTO POLICE SERVICES BOARD, HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO Defendants/Respondents ) ) ) ) ) ) ) ) )))))) Miha Halik, self-represented and as representative of the Estate of Terizija Drazic Matthew Cornett , for the Chief of Police William Blair and Toronto Police Services Board J eremy Glick , for the Defendant Her majesty The Queen in Right of Ontario, ) ) ) HEARD: IN WRITING marrocco A.C.J.S.C. [ 1 ] Judgment in this appeal from a Master’s decision was released on April 28, 2017.

The parties were directed to file any submissions concerning costs within five days of that date. The Chief of the Toronto Police and the Toronto Police Services Board filed submissions requesting costs. The Crown in Right of Ontario indicated that it was not seeking costs.

The unsuccessful appellants filed no submissions concerning costs. [ 2 ] As indicated, the Crown In Right of Ontario seeks no costs and as a result no costs are awarded to that party. [ 3 ] With respect to the Chief of the Toronto Police and the Toronto Police Services Board, there is no reason to depart from the general rule that a successful party is entitled to costs. [ 4 ] I have had regard to the factors set out in Rule 57.01 (1) of the Rules of Civil Procedure. Specifically, the appellants claimed $40 million in damages and recovered nothing.

The appellants in the initial proceeding made serious allegations against the police defendants. Finally this action was factually complex. The amended statement of claim related to approximately a dozen incidents dating back to 2005. [ 5 ] The Chief of the Toronto Police Service and the Toronto Police Services Board are asking for costs in the amount of $4000 in respect of this appeal.

This represents a reduction of slightly less than 50% of their partial indemnity costs and represents a reasonable claim in all circumstances. [ 6 ] Accordingly there will be an order that the appellants pay to the Chief of the Toronto Police Service and the Toronto Police Services Board costs in the amount of $4000 inclusive of disbursements and HST plus post judgment interest at a rate of 2% per year commencing from the date of this order. marrocco A.C.J.S.C. Released: 20170605

CITATION : Halik v. Chief of the Toronto Police William Blair, 2017 ONSC 3461 COURT FILE NO.: 498/15 DATE: 20170605 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: MIHA HALIK AND THE ESTATE OF HIS MOTHER TERIZIJA DRAZIC Plaintiffs/Appellants – and – CHIEF OF THE TORONTO POLICE WILLIAM BLAIR, TORONTO POLICE SERVICES BOARD, HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO Defendants/Respondents costs endorsement marrocco A.C.J.S.C. Released: 20170605