Phillip J. Trotter

Following earlier rulings where the plaintiff was substantially successful on a motion, the court determined the quantum of costs.

The plaintiff sought partial indemnity costs of $7,134.94, while the defendant argued each party should bear their own costs or that the hours claimed were excessive due to overlap with a co-defendant.

The court found the plaintiff's claimed hourly rate and time spent to be reasonable, noting the aggressive approach taken by the defendant.

The court awarded the plaintiff $7,134.94 in costs, to be set off against amounts owed under the mortgage.

Following a summary judgment ruling enforcing a settlement agreement, the parties disputed the calculation of property taxes and the applicable interest rate on the outstanding amount.

The court held that 'property tax' includes water and garbage charges.

The court further held that the original mortgage contract interest rate of 6.45% applies to the outstanding settlement amount, rather than the Courts of Justice Act rates, as the settlement compromised claims under the mortgage but did not intend to provide an interest-free period upon default.

The plaintiff's house was severely damaged by fire shortly after he entered into a settlement agreement with his mortgagee.

The mortgagee had previously placed fire insurance on the property and charged the premiums to the plaintiff.

Following the fire, the mortgagee refused to process an insurance claim, arguing it suffered no direct loss until it took possession and realized on its security.

The defendants brought summary judgment motions to dismiss the plaintiff's claim for damages.

The court dismissed the mortgagee's motion, finding it had a duty of good faith to process the claim and the plaintiff had standing to enforce this obligation.

The court granted the mortgagee's counterclaim for possession and enforcement of the settlement agreement, directing a process to resolve the outstanding insurance and valuation issues.