Legal Blog

Irony

The Nipissing Law Association and LSUC have waged a long battle against Maureen Boldt, a paralegal and former North Bay councillor, who was practising law without a licence. As part of that battle, The Honourable Madam Justice Hennessy found Boldt in contempt of court regarding an order that Boldt cease her practise of law. 

A year or so later, Boldt commenced an action joining, among others, LSUC, the NLA, Justice Hennessy, and the Province of Ontario. The defendants brought a motion to dismiss her action against them. However, before the motion was heard, Boldt discontinued the action and then commenced a new action against the same and two other defendants. The statements of claim in the two actions were almost identical.

No doubt, the new action will provide the impetus for new motions and decisions. However, in the meantime, the defendants in the old action brought a motion for their costs of the discontinued action: Boldt v. Law Society of Upper Canada 2009 CarswellOnt 5719.

Award 

It seems that Boldt discontinued the old action because:

a)   she learned that the action was a nullity against the Province of Ontario; it had been named improperly and notice of the action was not given pursuant to the Proceedings Against The Crown Act; and

b)   she had discovered additional evidence.

The motions judge pointed out that Boldt could have achieved her goal by giving appropriate notice to the Province and then moving for leave to deliver a fresh as amended statement of claim, properly joining the Province and the other defendants.

Upshot

The judge did not want to compensate the defendants fully for their costs thrown away because some of the costs would also have been incurred in the new action. Accordingly, he awarded immediate costs for the duplicated work only and ordered that the other costs be in the cause of the new action. In aggregate, he ordered Boldt to pay approximately $5,800 in the old action and $12,000 in the cause in the new action.

So what is ironic? Boldt happily played lawyer to her clients, but when she acted for herself, her mistake cost her money.