TORONTO0

A restaurateur who sued former Mayor Rob Ford and a would-be councillor for libel and lost has not paid one loonie of his court-ordered legal bills, theToronto Sun has learned.

With interest, those costs have now climbed beyond $200,000.

According to two court judgements obtained by theSun, George Foulidis was ordered on June 10, 2013 — after a judge dismissed the restaurateur’s $6-million libel suit in December 2012 — to pay Ford and Beach resident Bruce Baker jointly a sum of $144,845 for fees and disbursements (not including HST). The order stipulated that any amount left unpaid would be subject to 3% yearly interest.

After Foulidis lost his subsequent appeal in May of 2014, an additional $27,651 was tacked on to the bill.

Lawyer Gavin Tighe, who acted for Ford and Baker in both the original trial and the appeal, said last week that Foulidis owes more than $200,000 — with interest.

A writ of execution has now been issued, he said, asking that Foulidis’s East York home be sold to pay the legal costs from “the proceeds of the sale.”

Tighe said they’ve also tried to serve Foulidis with a “debtor’s examination” — meaning he would be forced to come to court to answer questions under oath about his assets and liabilities.

“He’s evading service on that ... he won’t answer the door,” Tighe said, noting the judgement didn’t come anywhere near to covering the actual costs of the two trials.

“One thing you can say for certain is that Mr. Foulidis doesn’t pay his debts,” he said.

Tighe believes the likelihood of collecting is high. “It’s unusual for someone who claims to have significant assets to want to have judgements outstanding against him,” he said.

Given that in January 2012 I was banned (by way of a letter from lawyer Brian Shiller of Ruby & Shiller) from entering his Woodbine Beach cafe — now renamed Paralia — I contacted Shiller by phone and e-mail requesting comment. He did not respond. Nor did Foulidis reply to two e-mail requests.

Foulidis launched his $6-million libel suit against Ford just prior to the October 2010 municipal election after the mayoral candidate told a Toronto Sun editorial board that a 20-year sole-sourced deal awarded to the restaurateur in May of that year “stinks to high heaven.” That deal gave Foulidis control over all concession rights — allowing him to sell liquor, food and trinkets on 5 kilometres of prime eastern beachfront property.

Ford also claimed that council’s 15-13 decision — done behind closed doors — reeked of civic corruption. Then-councillor Sandra Bussin — under fire by her constituents for pushing the deal — declared a conflict the night of May 2010 vote.

The libel suit was heard by a judge in November 2012 and thrown out in late December 2012. Foulidis appealed but that, too, was dismissed last July.

Ford couldn’t be reached for comment as he was out of the country.

But Baker said they gave Foulidis an opportunity to walk away from the entire case “very early” — months before they went to trial.

Foulidis wanted Ford and Baker to craft a written apology and read it in public, but Baker said they refused to apologize, believing what they said was fair comment.

He said the restaurateur sued him over a letter he sent to council in May 2010 — the day the deal was voted on — suggesting there be an investigation of the contract. Although the letter was deemed confidential, Foulidis was given a copy, said Baker, who was registered to run for councillor at the time.

He felt Foulidis pursued the libel suit because Ford had “promised to investigate” the 20-year sole-sourced deal and possibly reopen it.

THE FOULIDIS FILE



•May 12, 2010:City council votes 15-13 to approve a controversial, 20-year sole-sourced contract that gives Tuggs Inc. — operated by George Foulidis — the exclusive rights to sell food, liquor and other beverages at the then-Boardwalk Cafe and along a five-kilometre stretch Toronto’s eastern beaches. Then-councillor Sandra Bussin, who pushed the deal through, declares a conflict the night of the vote. It is revealed that she received $12,500 in campaign donations from friends and family of Foulidis in 2003 and 2006.



•Aug. 12, 2010: Then-mayoral candidate Rob Ford tells a Toronto Sun editorial board the deal with Tuggs Inc. “stinks to high heaven,” that council’s decision to award the deal behind closed doors smelled of corruption and if elected mayor, he may seek to break the contract.



•Sept. 17, 2010: Foulidis threatens to slap a libel suit on Ford if he doesn’t apologize for his August comments about the deal. Ford refuses to apologize. Foulidis files $6-million lawsuit two weeks before the Oct. 27 municipal election. Beach resident Bruce Baker, a candidate for councillor, also sued for allegedly defaming Foulidis in a May 2010 letter to council.



•Feb. 13, 2012:Barnet Kussner, of Weir Foulds, files a complaint to city executive committee on behalf of Foulidis saying he should not have had to pay $55,861 in development charges for a two-storey addition to the then-Boardwalk Cafe. The executive committee tosses out the complaint. Foulidis lodges complaint with OMB which has been adjourned at his request.



• Nov. 13-20, 2012:Foulidis’ $6-million libel suit against Ford and Baker heard before Mr. Justice John Macdonald.



• Dec. 27, 2012: Judge dismisses libel suit.



• June 10, 2013:Foulidis ordered to pay Ford and Baker jointly $144,845 in fees and disbursements plus HST. Interest of 3% per year starts with this date.



• July 14, 2014: Appeal dismissed. Foulidis ordered to pay an additional $27,651 in court costs.

sue-ann.levy@sunmedia.ca