• Background
  • On May 2, 2024, the court granted summary judgment in favor of the defendants and dismissed the action (2024 ONSC 2566).
  • The plaintiff did not submit any costs submissions despite being given multiple opportunities.
• Defendants’ Positions on Costs
  • Ontario Shores Centre for Mental Health Sciences
    • Seeks $10,000 in legal fees and $15,934.87 in disbursements (mainly expert fees).
    • Claims reduced costs due to the use of junior lawyers.
    • Justifies costs by highlighting the importance of defending against serious, unfounded allegations seeking $6.5 million in damages.
  • Dr. Omar Ghaffar
    • Seeks $15,000 in legal fees and $10,251.36 in disbursements (expert fees).
    • Also employed junior counsel to minimize costs.
    • Emphasizes the necessity of a robust defense against serious allegations seeking over $6 million in damages.
• Court’s Discussion and Conclusion
  • Acknowledged the defendants' entitlement to costs due to their success in the summary judgment motion.
  • Considered the seriousness of the allegations and the voluminous medical records involved.
  • Determined the defendants’ requested costs to be fair and reasonable given the circumstances.
  • Cost Awards
    • Ontario Shores Centre for Mental Health Sciences: $25,934.87
    • Dr. Omar Ghaffar: $25,251.36
  • Costs to be paid by the plaintiff within 60 days if demanded.

Key Points

• Defendants were granted significant costs due to the seriousness and volume of the case.
• The plaintiff’s failure to respond to cost submissions influenced the court's decision.
• The use of junior lawyers by the defendants helped in reducing the overall costs claimed.