James M. Butson

The applicant bank sold a property under a power of sale following the mortgagor's default and death.

After satisfying its mortgage and a second mortgage, the bank held surplus funds.

As the deceased's estate had not yet been constituted and multiple parties had potential interests, the bank brought an unopposed application to pay the surplus funds into court.

The court granted the application pursuant to the Trustee Act and the Rules of Civil Procedure, allowing the bank to pay the funds into court, less its costs, and extinguishing its liability.

The plaintiff brought a motion for summary judgment seeking possession of a property pursuant to a reverse mortgage that went into default due to unpaid property taxes.

The self-represented defendant did not deny the default but raised unclear allegations of fraud and unreasonableness.

The court applied the Hryniak framework, found no genuine issue requiring a trial, and granted the plaintiff's motion for possession, awarding partial indemnity costs of $9,000.

Following a proceeding, the successful defendant submitted a costs outline.

The court considered the factors under Rule 57 of the Rules of Civil Procedure, including proportionality, time spent, and complexity.

Applying the principles from Boucher and Davies, the court fixed costs at an amount fair and reasonable for the unsuccessful party to pay.

The plaintiffs were ordered to pay $3,500 all-inclusive to the successful defendant.

In a reference to determine the distribution of proceeds from a mortgage sale, the first mortgagee sought to claim increased fees and expenses arising from amending agreements entered into with the mortgagor after the second mortgagee registered its charge.

The court held that the second mortgagee was not bound by the amending agreements, as it had no notice of them at the time of registration.

The first mortgagee was only entitled to claim fees specifically set out in the registered mortgage and standard charge terms.

The increased fees were disallowed and legal fees were reduced.