COURT OF APPEAL FOR ONTARIO
Weiler, Feldman and Benotto JJ.A.
BETWEEN
Edin Trobradovic
Appellant (Defendant)
and
Alfonso Izzo and Elvira Izzo
Respondents (Plaintiffs)
Domenic Saverino, for the appellant
Gregory Gryguc, for the respondents
Heard and released orally: December 12, 2014
On appeal from the judgment of Justice Edward M. Morgan of the Superior Court of Justice, dated May 2, 2014.
ENDORSEMENT
1The appellant mortgagor appeals the judgment granting the respondent mortgagees $876,797.55 for funds owed under a mortgage agreement.
2The appellant alleges, that the motion judge erred by granting judgment instead of directing an accounting because the appellant contested the amounts owing.
3The motion judge had evidence before him to substantiate the claims of the respondents. The appellant contested the amounts owing but did not file evidence to confirm what amounts were in fact owed. He now seeks to file fresh evidence which purports to establish, among other things, arithmetical errors in the accounting.
4The motion judge concluded that the appellant had the information available to him to verify the amounts owing, and the failure to provide this represented a delay tactic instead of a substantive objection. Adjournments had been granted to the appellant on more than one occasion.
5It is also significant that the motion judge was advised by prior counsel for the appellant that the matter had been resolved, subject to a final determination of the amount of the construction liens. These amounts are readily determined as a matter of public record.
6We see no error in the approach of the motion judge. On the evidence, it was open to him to establish the amount owing. To the extent that there was an arithmetical error, if any, the proper approach would have been to return to the motion judge for directions.
7For these reasons, the appeal is dismissed with costs to the respondents
fixed at $5,000, inclusive of disbursements and taxes.
“K.M. Weiler J.A.”
“K. Feldman J.A.”
“M.L. Benotto J.A.”
