CITATION: Chijindu v. Prudential Property Management Inc., 2016 ONSC 986
DIVISIONAL COURT FILE NO.: 106/15
DATE: 20160208
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
A.CJ.S.C. MARROCCO, SACHS AND PATTILLO JJ.
BETWEEN:
CHRISTIAN CHIJINDU & NKIRUKA OCHEI
Applicants/Appellants
– and –
PRUDENTIAL PROPERTY MANAGEMENT INC.
Respondent
(Respondent in Appeal)
Christian Chijindu, In Person
David Boghosian, for the Respondent
HEARD at Toronto: February 8, 2016
ORAL REASONS FOR JUDGMENT
SACHS J. (ORALLY)
[1] On this appeal the appellants argue that the application judge erred in failing to consider the mortgage itself when determining the amount of the lender’s administrative fee payable to the respondent under a loan agreement with the appellants. According to the appellants, this is the document that governs the payment of that fee.
[2] We agree that the mortgage provides that one of the purposes of the mortgage is to pay the lender’s administrative fee. However, it does not set out how that fee is to be calculated. As the application judge correctly found, the document that deals with the quantum of the lender’s administrative fee is the mortgage commitment letter. Thus, the application judge correctly focused her reasoning as to the quantum of the lender’s administrative fee on the provisions of the mortgage commitment letter. In doing so she took into account the broader factual matrix, of which this document was a fundamental part.
[3] With respect to the central issue on this appeal, namely, the amount of the lender’s administrative fee, we agree with and adopt the reasoning of the application judge.
[4] For these reasons, the appeal is dismissed.
COSTS
A.C.J.S.C. MARROCCO
[5] I have endorsed the back of the Appeal Book, “This appeal is dismissed for oral reasons released today. Costs to the respondent on a substantial indemnity basis fixed at $10,000 all inclusive.”
SACHS J.
A.C.J.S.C. MARROCCO
PATTILLO J.
Date of Reasons for Judgment: February 8, 2016
Date of Release: February 10, 2016
CITATION: Chijindu v. Prudential Property Management Inc., 2016 ONSC 986
DIVISIONAL COURT FILE NO.: 106/15
DATE: 20160208
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
A.CJ.S.C. MARROCCO, SACHS AND PATTILLO JJ.
BETWEEN:
CHRISTIAN CHIJINDU & NKIRUKA OCHEI
Applicants/Appellants
– and –
PRUDENTIAL PROPERTY MANAGEMENT INC.
Respondent
(Respondent in Appeal)
ORAL REASONS FOR JUDGMENT
SACHS J.
Date of Reasons for Judgment: February 8, 2016
Date of Release: February 10, 2016