K. Theeuwen

The moving party, Michael Shtaif, was unsuccessful on a motion seeking to declare an assignment of judgment and certificates of judgment invalid.

The responding party sought full indemnity costs of $35,376.01, arguing the motion was an abuse of process and a collateral attack on prior decisions.

The court found the moving party's conduct amounted to an abuse of process but did not rise to the rare and exceptional level required for full indemnity costs.

The court awarded substantial indemnity costs fixed at $25,278.21.

The self-represented defendant brought a motion to set aside two certificates of judgment and declare the assignment of the judgment from the original plaintiff to its successor invalid.

The court found that an order to continue was not required post-judgment and that the defendant's challenge to the assignment was a collateral attack on prior decisions of the Superior Court and Court of Appeal.

The court also held that the issuance of certificates of judgment is a purely administrative function, and there was no basis to set them aside.

The motion was dismissed.

The defendant, Tribecca Finance Corporation, brought a motion for security for costs against the plaintiffs due to an unpaid costs award in a related action.

The plaintiffs resisted the motion, arguing delay, the merits of their case, and the quantum of security.

The court found that the defendant's delay was not unreasonable and that the merits of the action were a neutral factor given credibility issues.

The court ordered the plaintiffs to post $32,000 in security for costs.

Costs of the motion were split due to a Rule 49 offer to settle made by the plaintiffs.