Phillip Polster

This endorsement concerns a costs award following the dismissal of the defendant's counterclaim.

The plaintiff, The Toronto-Dominion Bank, sought costs on a substantial indemnity basis.

The self-represented defendant's costs submissions were found to be lengthy, inappropriate, scandalous, and vexatious, failing to address the relevant factors under Rule 57.01.

The court awarded substantial indemnity costs of $1,500 to the plaintiff, emphasizing the need for fair and reasonable costs and the losing party's reasonable expectation of payment.

The defendant brought a motion for summary judgment on her counterclaim, alleging the plaintiff bank breached an oral agreement to accept $150 monthly payments and halt collection proceedings, thereby violating the Consumer Protection Act.

The court dismissed the motion, finding that a previous judge had already determined as a fact that no such oral agreement existed.

Without the agreement, the defendant's claims had no foundation.