N. Roth

This endorsement addresses the costs of a prior motion concerning a mortgage loan and possession of mortgaged lands.

The plaintiff, 2410488 Ontario Inc., sought costs after minutes of settlement were reached.

The defendant, Alex Aidan Fitzgerald Furney, argued the costs motion was premature due to an ongoing accounting, but the court found it timely.

The plaintiff requested costs on a substantial indemnity basis, but the court, applying the factors under the Rules of Civil Procedure, awarded costs on a partial indemnity basis, totaling $11,782.77, to be added to the mortgage account with interest.

The court heard a motion to settle the order resulting from a previous finding of contempt and sentence against the plaintiff.

The court resolved disputes over the preamble, prayer for relief, and specific paragraphs of the draft order.

The court also clarified the calculation of funds to be disbursed from the defendants' counsel's trust account to the plaintiff, determining the final amount to be $35,986.77, and set the date from which interest should be calculated.

Both parties were ordered to bear their own costs for the motion.