Following dismissal of the plaintiff's motion to set aside the Registrar's dismissal order, the court determined costs of the motion and the entire action.
One defendant was awarded full indemnity costs of $50,000 pursuant to a contractual provision in the Standard Charge Terms of the mortgage, which entitled the mortgagee to solicitor-and-client costs in proceedings taken to realize upon the security.
The other defendant was awarded substantial indemnity costs of $35,000 on account of the plaintiff's unsubstantiated allegations of fraud, dishonesty, criminal conduct, and conspiracy, which impugned the defendant's professional reputation as a lawyer and unduly complicated what was essentially a simple mortgage enforcement action.
The plaintiff's failure to participate in costs submissions was also taken into account.
Total costs of $85,000 were ordered payable within 60 days.
