COURT OF APPEAL FOR ONTARIO

DATE: 20050831

DOCKET: C42559

RE: JUDY ROTH (Plaintiff/Appellant) –and- PETER C. PLATIS (Defendant/Respondent)

BEFORE: LASKIN, SHARPE and JURIANSZ JJ.A.

COUNSEL: Judy Roth, the appellant, in person Peter C. Platis, the respondent, in person

HEARD & ENDORSED: August 31, 2005

On appeal from the judgment of Madam Justice Stewart of the Superior Court of Justice, dated September 22, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] The trial judge awarded Ms. Roth judgment on the mortgage, interest at the mortgage rate of 16.5%, $8,000.00 for renewal fees, and awards for collection letters and enforcement expenses.

[2] Ms. Roth appeals seeking an additional $500 for the mortgage renewal agreements, interest on the renewal fees not paid, amounts for NSF cheques, additional amounts for her collection letters, and, for the first time, punitive damages. We are not persuaded that there is any basis to award these additional amounts. We see no error in the trial judge’s award. The appeal is therefore dismissed, but in the circumstances without costs.

[3] The defendant Mr. Platis should now be in a position to obtain a discharge by paying the outstanding amount on the judgment, which we calculate to be $135,890.45 together with post-judgment interest of 16.5% from September 22, 2004 until the date of payment.