Lungile Tinarwo

This endorsement addresses the issue of costs following a successful summary judgment motion by the plaintiff, Esther Gerstel Inc., against the defendant, Denise Michelle Scott, in a mortgage enforcement proceeding.

The court considers the contractual right to full indemnity costs under the mortgage, the conduct of the parties, and the principle of proportionality.

The court ultimately awards the plaintiff full indemnity costs in the reduced amount of $15,500.00, finding no special circumstances to depart from the contractual terms and noting the defendant’s partial success regarding renewal fees.

The plaintiff, Esther Gerstel Inc. (EGI), brought a motion for summary judgment against the defendant, Denise Michelle Scott, for payment of amounts due under a mortgage and for possession of the mortgaged property.

The only issue was the amount owing, as the defendant acknowledged some amount was due.

The court found this was an appropriate case for summary judgment, holding that the principal and interest claimed by EGI were established, but that two renewal fees were not.

The court ordered payment of the principal and interest, but not the disputed renewal fees, and granted EGI possession of the property, with a 45-day period for the defendant to pay before enforcement.

The offender pleaded guilty to seven offences: sexual exploitation of a minor, incest, assault, assault with a weapon, uttering threats, and unlawful possession of firearms.

The offences spanned nearly a decade and involved the sexual abuse of his daughter from a very young age through adolescence, domestic violence against his wife, and possession of prohibited weapons.

The court imposed a global sentence of 7 years and 9 months imprisonment after crediting pretrial custody, emphasizing denunciation, deterrence, and separation from society as the primary sentencing objectives for child sexual abuse offences.