Saying it would be an embarrassment to the administration of justice if a government official were awarded costs against an ordinary taxpayer, Clayton Ruby filed his response to the request for costs in the Mayor Ford conflict of interest case.

Ford wants $116 thousand from Paul Magder, but Ruby says both sides should be responsible for their own costs.

In the response filed in court on Monday, Ruby says a six figure cost award against Paul Magder would be 'devastating'.

And further to that, Ruby suggests that Ford's costs would be covered by the city's insurance and indemnification policies.

But to get the city to cover costs, Mayor Ford would have to apply and then get it all approved by council.

The main argument that Ruby is making, is that Magder's application under the Municipal Conflict of Interest Act was brought in public interest.

Historically, that means that, if it's found to be that the litigation was legitimately brought in public interest, then the Respondent should not be subject to an adverse costs award.

In his filing, Ruby says "under the MCIA, there is only one way to enforce the MCIA. A concerned citizen, acting in the public interest, must bring an application in Superior Court. This precisely what the Respondent did. Had he been successful, he would have benefitted no more than any other resident of Toronto who has been disappointed with this aspect of the Appellant's performance as Mayor."