{"id":2166,"date":"2016-07-14T12:00:00","date_gmt":"2016-07-14T16:00:00","guid":{"rendered":"http:\/\/wawa-news.com\/?p=2166"},"modified":"2017-06-08T14:28:30","modified_gmt":"2017-06-08T18:28:30","slug":"municipality-is-awarded-costs-of-17696-47-in-liddles-notice-of-application","status":"publish","type":"post","link":"https:\/\/wawa-news.com\/index.php\/2016\/07\/14\/municipality-is-awarded-costs-of-17696-47-in-liddles-notice-of-application\/","title":{"rendered":"Municipality is Awarded Costs of $17,696.47 in Liddle\u2019s Notice of Application"},"content":{"rendered":"

Jul 14, 2016<\/strong><\/p>\n

On Thursday, July 7th, 2016 the matter of Gerald Liddle and Tamara Liddle (who represented themselves) v. the\u00a0Corporation of the Municipality of Wawa\u00a0(P. Cassan \/ T. Harmar, Counsel for the\u00a0Respondent)\u00a0was heard by Justice E. Gareau.<\/p>\n

Gerald Liddle and Tamara Liddle (applicants)\u00a0brought\u00a0their\u00a0Notice of Application (1) filed on\u00a0June 20th, 2016; and Corporation of the Municipality of Wawa (Respondent) brought a motion to strike the application in its entirety.<\/p>\n

However, the day before, Wednesday, July 6th, these two actions were stopped because the applicants filed a\u00a0Notice of Discontinuance (2), in which the applicants wholly discontinued the application against the respondent.<\/p>\n

Being that the Liddles were self-represented, Justice E. Gareau noted that they should have delivered a\u00a0Notice of Abandonment (3),\u00a0instead of delivering\u00a0a Notice of Discontinuance. Since the Municipality did not oppose the\u00a0Notice of Discontinuance, Justice Gareau stated, \u201cI am prepared to treat the notice of discontinuance filed by the applicants as a notice of abandonment pursuant to Rule 38.08(1); therefore leave of the court is not required for the applicants to abandon their application.\u201d<\/p>\n

The Notice of Application as filed \u201ccontained a nine page letter dated May 17, 2016 from Tamara Liddle to members of Wawa Municipal Council, a two page document titled \u2018Issues for Chris Wray Complaint\u2019, and a three page letter dated December 4, 2015 to the Corporation of the Municipality of Wawa from Paliare Roland Rosenberg Rothstein LLP.\u201d Justice E. Gareau noted, \u201cThese documents are not properly part of a notice of application pursuant to Rule 38 and 39 of the Rules of Civil Procedure.\u201d<\/p>\n

These documents are contained in the article \u201cExtortion\u201d and can be found by\u00a0clicking here<\/strong><\/em><\/a>.<\/p>\n

The next thing to address was the issue of costs. At 4 p.m. Wednesday, July 6th, an email (from Paul Cassan, Counsel for the Respondent) was sent to the Applicants saying that the Respondent is seeking costs and attached the draft bill of costs. That email reads as follows: \u201cMr. Liddle, Mrs. Liddle \u2013 attached please find our bill of costs for responding to your application and preparing our client\u2019s motion. We will be putting this before the court tomorrow and asking that full indemnity costs be awarded to the Municipality against you as co-applicants. I also provide a copy of the case law we will be relying on tomorrow for your review.\u201d<\/p>\n

The Liddles did not appear when paged.<\/p>\n

Justice Gareau noted, \u201cIn the exercise of its discretion to award costs, the court is guided by the factors set out in section 57.01(1) of the Rules of Civil Procedure. A reading of the notice of application reveals that the applicants request an order requiring the respondent to remove the Wishart Law Firm as lawyers for the Municipality of the Corporation of Wawa. In the letters improperly attached to the notice of application \u2026\u2026\u2026.it can be inferred that the allegations of impropriety are unfounded. Unproven, unfounded allegations of impropriety properly attract costs on a scale more significant than partial indemnity costs.\u201d<\/p>\n

He goes on to quote case law supporting his decision and ruled, \u201cTherefore, there will be an order that the applicants pay costs in this matter to the respondent fixed in the amount of $17,696.47, inclusive of HST and disbursements. These costs are payable by the applicants to the respondent forthwith.\u201d<\/p>\n

Justice E. Gareau\u2019s entire decision can be read below.<\/p>\n

\n

From LawHelpOntario.org<\/strong><\/p>\n

(1)\u00a0\u2013\u00a0Notice of\u00a0Application:<\/strong>\u00a0A proceeding started by a notice of application. The notice of application sets out the basic facts of the event or transaction, the legal consequences and the remedy or relief the applicant is asking for. The evidence is written down and filed with the court by way of affidavits. You may start an application only if legislation or the Rules of Civil Procedure allow you to.<\/p>\n

(2) \u2013\u00a0Notice of Discontinuance:\u00a0<\/strong>After you start a proceeding, you may decide that you no longer wish to continue it against one or more of the other parties. This is called discontinuance. \u2026\u00a0There are cost consequences associated with discontinuance. If you discontinue a claim, Rule 23.05 requires the person discontinuing the action to pay the costs of the defendant.<\/p>\n

(3) \u2013\u00a0Notice of Abandonment:<\/strong>\u00a0If you do not want a scheduled motion to be heard, you can file a notice of abandonment before the date of the motion. If you are the moving party and you do not come to court on the motion day, the court assumes that you do not want the court to deal with the issue in your motion record.<\/p>\nGareau Decision re Wawa July 12, 2016<\/a>\n","protected":false},"excerpt":{"rendered":"

Jul 14, 2016 On Thursday, July 7th, 2016 the matter of Gerald Liddle and Tamara Liddle (who represented themselves) v. the\u00a0Corporation of the Municipality of Wawa\u00a0(P. Cassan \/ T. Harmar, Counsel for the\u00a0Respondent)\u00a0was heard by Justice E. Gareau. Gerald Liddle and Tamara Liddle (applicants)\u00a0brought\u00a0their\u00a0Notice of Application (1) filed on\u00a0June 20th, 2016; and Corporation of the …<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[41,40],"tags":[538],"class_list":["post-2166","post","type-post","status-publish","format-standard","hentry","category-community","category-local","tag-ctl-costs"],"publishpress_future_action":{"enabled":false,"date":"2026-05-07 13:16:45","action":"change-status","newStatus":"draft","terms":[],"taxonomy":"category","extraData":[]},"publishpress_future_workflow_manual_trigger":{"enabledWorkflows":[]},"_links":{"self":[{"href":"https:\/\/wawa-news.com\/index.php\/wp-json\/wp\/v2\/posts\/2166","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/wawa-news.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/wawa-news.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/wawa-news.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/wawa-news.com\/index.php\/wp-json\/wp\/v2\/comments?post=2166"}],"version-history":[{"count":1,"href":"https:\/\/wawa-news.com\/index.php\/wp-json\/wp\/v2\/posts\/2166\/revisions"}],"predecessor-version":[{"id":2168,"href":"https:\/\/wawa-news.com\/index.php\/wp-json\/wp\/v2\/posts\/2166\/revisions\/2168"}],"wp:attachment":[{"href":"https:\/\/wawa-news.com\/index.php\/wp-json\/wp\/v2\/media?parent=2166"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/wawa-news.com\/index.php\/wp-json\/wp\/v2\/categories?post=2166"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/wawa-news.com\/index.php\/wp-json\/wp\/v2\/tags?post=2166"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}