Oblubunmi Ogunniyi

Following the dismissal of the defendants’ motion and the granting of certain relief to the plaintiff, the court addressed the issue of costs.

The plaintiff sought costs on a substantial indemnity basis for legal fees and disbursements incurred on the motion.

The court deducted time attributable to related Court of Appeal proceedings but otherwise accepted the majority of the hours claimed.

The court awarded substantial indemnity costs, finding the total amount proportionate to the significant sums at stake in the litigation.

A request by defence counsel for an additional ruling concerning mortgage accounts was refused as the issue had not been before the court on the motion.

The plaintiff mortgagee brought proceedings arising from a default under a mortgage registered against a commercial property.

The mortgage secured a principal amount of $1.2 million and had matured without any payments being made.

The defendant mortgagor and related parties challenged enforcement steps following the issuance of a notice of sale under the Mortgages Act.

The court found there was no viable defence to the enforcement proceedings and granted possession and ancillary relief, including orders directing tenants and government agencies to pay rents directly to the mortgagee.