Christian C. Chijindu (Self-represented)

This addendum was issued by the Court of Appeal for Ontario to clarify the total outstanding costs owed by the responding parties to the moving parties, Harsha Rathod and Bluekat Capital Corp. It consolidates costs orders from previous decisions by Roberts J.A. and a three-judge panel, specifying the combined amounts due to each moving party.

This motion was brought by the moving parties seeking to dismiss the responding parties' appeal due to unpaid costs orders, or alternatively, to compel payment of these orders by a deadline, or to require further security for costs.

The court, presided over by a single judge, determined it lacked jurisdiction to dismiss the appeal.

However, it ordered the responding parties to pay the outstanding costs orders by August 28, 2024, clarifying that costs orders are generally payable within 30 days even if no specific deadline is stated.

The appeal is scheduled to be heard on September 24, 2024, regardless of any further motion to dismiss.

The appellants appealed a summary judgment granting the respondent mortgagee enforcement of a mortgage following the appellants' default in transferring and further encumbering the mortgaged property without consent.

The appellants argued that the mortgagee waived the default by accepting three months of payments after giving notice of default.

The Court of Appeal rejected this argument, finding that accepting payments did not constitute waiver under the mortgage terms or at law.

The appeal was allowed only to the extent of a concession regarding pre-judgment interest on a line of credit.