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Former solicitors denied costs for an unnecessary and disproportionate motion to be removed from the record.
The plaintiff's former solicitors brought a motion to be removed from the record after the solicitor-client relationship broke down.
Before the motion was sworn, new counsel undertook to place herself on the record, rendering the motion moot.
Despite this, the former solicitors proceeded with the motion and sought $5,000 in costs.
The court dismissed the costs claim, finding the motion was unnecessary, foreseeably moot, and vastly disproportionate to the issues and amounts in question.
Mortgagee cannot bypass statutory notice requirements to salvage defective power‑of‑sale process.
A second mortgagee brought an application under s. 39(1) of the Mortgages Act seeking leave to sell property under power of sale without complying with the statutory notice requirements under s. 31.
The applicant had already entered into an agreement of purchase and sale before issuing the required notice of sale and sought to abridge the mortgagor’s 35‑day redemption period.
The court held that the mortgagee must strictly comply with the statutory notice requirements and that s. 39 should not be used to cure the mortgagee’s own failure to comply with the Act.
The evidence filed was also unreliable and raised questions about the alleged lack of equity in the property.
The application was dismissed.
