Following a summary judgment granting the plaintiff lender judgment and dismissing the defendant borrower’s counterclaim alleging fraud, the court addressed costs.
The plaintiff sought substantial indemnity costs based on contractual mortgage provisions and unfounded allegations of fraud made in the defence.
Applying Rule 57.01 of the Rules of Civil Procedure and authorities regarding allegations of fraud, the court held that unproven accusations of fraud justified costs on a substantial indemnity scale.
However, the court reduced the hours claimed as excessive given the simplicity of the matter.
Total costs of $18,450.66 inclusive of HST and disbursements were awarded.
