J. Kukla

The plaintiff bank brought an ex parte motion for leave to register certificates of pending litigation against two properties owned by the defendants.

The bank alleged it provided bridge financing to the defendants on the condition of receiving collateral mortgages, but due to inadvertence, the mortgages were not referenced in the loan documents or registered.

The court found a triable issue regarding the bank's interest in the land by way of an equitable mortgage and granted the motion.

The appellant appealed a decision dismissing her application to set aside a judgment related to a mortgage default and power of sale, claiming damages of $98,000.

The Divisional Court found it lacked jurisdiction, as its jurisdiction is limited to claims of not more than $50,000 under s. 19(1.2) of the Courts of Justice Act.

The court declined to exercise its discretion to transfer the appeal to the Court of Appeal, noting the appeal lacked merit and the appellant had taken no steps to transfer it despite notice.

The appeal was dismissed without prejudice to the appellant seeking to have it heard in the Court of Appeal.

A costs endorsement following applications to vary a criminal restraint order under s. 462.34 of the Criminal Code to permit enforcement of a condominium lien and a mortgage power of sale.

The opposing party argued the applicants’ legal fees were excessive and should be limited by the court.

The court held that a variation application under s. 462.34 was not an appropriate forum to adjudicate disputes over legal fees and that such disputes should instead be addressed through civil proceedings or assessment mechanisms under applicable legislation.

In any event, the court found no basis to limit the applicants’ legal fees given the procedural history and the conduct of the parties.

No order regarding costs was made.