Andrea Hill

This costs decision follows a lengthy guardianship and estate litigation between Edi Ferritto and her brother, Alfredo Ferritto, regarding their mother Lucia Ferritto.

The court reviews the procedural history, the parties' conduct, and the applicable legal principles for awarding costs.

Edi Ferritto, as the successful party, is awarded substantial indemnity costs for the trial and partial indemnity costs for the applications and motions, with certain reductions.

The decision details the calculation of fees and disbursements, and the rationale for the scale of costs awarded.

The moving defendants, a lawyer and law firm acting for a mortgagee in a mortgage enforcement proceeding, brought a motion under Rule 21.01 of the Rules of Civil Procedure to strike portions of the amended statement of claim alleging improper withholding of surplus proceeds following a power of sale.

The plaintiff alleged the lawyers attempted to extort a release by withholding trust funds and sought damages for abuse of process, negligence, and breach of ethical duties.

The court held that opposing counsel owe no duty of care or fiduciary duty to an adverse party and that alleged breaches of professional or ethical duties are owed to the court and the governing law society, not to opposing litigants.

As a result, the claims disclosed no reasonable cause of action and were frivolous and vexatious.

The impugned portions of the claim against the lawyer and law firm were struck.