Heath Peter Leyrow Whiteley

The appellant, Pamela Bader, appealed a summary judgment order that found her liable to pay a mortgage debt to 1250140 Ontario Inc. The core issues were whether the action was barred by the 10-year limitation period under the Real Property Limitations Act (RPLA) and whether Ms. Bader had acknowledged the debt.

The Court of Appeal dismissed the appeal, affirming that the RPLA applied to the claim for debt based on a mortgage covenant, even after the property's sale, and that Ms. Bader's affidavit constituted a valid acknowledgment of the debt, thereby extending the limitation period.

This decision concerns the costs award following a successful summary judgment motion where the defendants, Schembri et al., had a $30,500,000 claim against them struck in its entirety.

Schembri sought $499,933.06 in costs.

The plaintiffs, Way et al., opposed the quantum, arguing for a reduction.

The court found Schembri's costs reasonable, noting the complexity of the intertwined actions and the plaintiffs' extensive, unfocused responding material.

The court also drew an adverse inference from the plaintiffs' failure to provide their own cost outline.

The full amount of costs requested by Schembri was awarded.