Melvin Rotman

Following a successful motion for summary judgment in a defamation action where the plaintiff was awarded general and punitive damages, the parties could not agree on costs.

The plaintiff sought $50,000 on a substantial indemnity basis, arguing the defendants' conduct was reprehensible.

The court found the defendants' conduct in the litigation did not rise to the egregious level required for elevated costs and noted the plaintiff's claimed time was excessive.

The court awarded the plaintiff costs on a partial indemnity basis in the all-inclusive amount of $23,000.

The plaintiff brought a motion for summary judgment in a defamation action against the defendants for publishing articles on a website and sending WhatsApp messages containing false allegations of financial impropriety and misappropriation of funds.

The court found the case appropriate for summary judgment and held that the articles were defamatory.

The defendants failed to establish any defences, including justification, responsible communication, qualified privilege, or fair comment, due to a complete lack of evidence supporting the allegations and a reckless failure to verify them.

The court awarded the plaintiff $75,000 in general damages and $25,000 in punitive damages, but declined to grant a permanent injunction.

Following a successful motion for summary judgment in a mortgage enforcement action, the plaintiff sought partial indemnity costs of $22,126.11.

The defendants sought substantial indemnity costs of $101,830.30, arguing the plaintiff prolonged the action by taking an incorrect legal position on the applicable interest rate.

The court found the plaintiff was prima facie entitled to costs but reduced the award to $13,060 because the plaintiff's insistence on an unsustainable interest rate prolonged the proceedings and hindered settlement.

The plaintiffs sought a declaration that they continued to own their condominium unit and to void a non-arms' length transfer by power of sale executed by the second mortgagee.

The plaintiffs moved for summary judgment.

The court found that the alleged oral agreement to transfer the property to the mortgagee was not binding and that the subsequent non-arms' length sale was presumptively void, with no evidence provided to rebut the presumption.

To avoid the rule against partial summary judgment, the plaintiffs withdrew their claim for punitive damages.

The court granted summary judgment voiding the sale and ordered a reference to determine the amounts due under the mortgage.