Ajay Kapur

The plaintiffs sought court approval for a proposed settlement affecting a minor plaintiff, pursuant to Rule 7 of the Rules of Civil Procedure.

The court identified several deficiencies in the submitted materials, including a lack of evidence regarding the minor plaintiff's claim and damages, absence of comparable case law for assessing the settlement's fairness, and insufficient detail on legal fees and disbursements.

The court ordered the plaintiffs to provide additional materials addressing these deficiencies within 14 days.

The Applicant, a third mortgagee, challenged approximately $200,000 in charges and fees claimed by the Respondent, the first mortgagee, following a power of sale of vacant land.

The Applicant argued the charges were illegal, unenforceable, unsubstantiated, or penalties contrary to the Interest Act.

The court, exercising its power under Rule 14.05(3)(e) of the Rules of Civil Procedure, reviewed each disputed charge, disallowing many for lack of evidence or legal basis, including a three-month interest penalty and unjustified administrative and legal fees.

The court ordered the Respondent to pay $155,983.41 to the Applicant.