Ford W. Wong

Following a summary judgment in favour of the plaintiffs regarding a residential condominium property dispute, the court determined the appropriate costs award.

The plaintiffs sought full indemnity costs of $200,000, while the defendant argued for no costs or a nominal amount due to credibility findings.

The court found the matter complex but not vexatious, rejecting full indemnity.

Costs were awarded to the plaintiffs on a partial indemnity scale in the amount of $110,908.00.

The plaintiffs, parents of the defendant, sought summary judgment to remove the defendant's name from the title of a condominium property they held as joint tenants.

The defendant claimed the property was purchased as an investment through a loan agreement that constituted a disguised mortgage, and that the plaintiffs' action was statute-barred.

The court found the loan agreement was not a disguised mortgage and that the defendant had agreed in writing in 2004 to relinquish her interest in exchange for $91,000 USD, which she received.

The court held the defendant breached the contract by refusing to transfer title, and granted summary judgment ordering the removal of her name from the title.

The defendants defaulted on a $700,000 mortgage and sought an order under s. 12 of the Mortgages Act to discharge the mortgage by paying an undisputed amount into court while delaying enforcement to secure refinancing.

The plaintiff opposed paying less than the full claimed amount and delaying enforcement.

The court granted the defendants 15 days to pay the undisputed amount of $745,465 to postpone the mortgage, failing which the plaintiff would be entitled to partial summary judgment and a writ of possession.

The disputed balance was ordered to be determined at a mini-trial.