Robert Dunford

The plaintiff, Royal Bank of Canada, was granted summary judgment against the defendants for nonpayment of mortgage loans and a credit card debt.

The plaintiff sought substantial indemnity costs of $73,882.20.

The defendants argued for partial indemnity costs, citing the "unfair or unduly onerous" exception.

The court found the plaintiff was entitled to substantial indemnity based on the lending documents but reduced the claimed amount to $40,000 plus HST, considering the stage of the proceedings and the work involved.

The plaintiff bank brought a motion for summary judgment against the defendants for nonpayment of mortgage loans and a credit card debt.

The defendants did not dispute the amounts owing but alleged they were encouraged to borrow the funds by unnamed financial advisors to make unsuccessful investments.

The court found the defendants' evidence lacked specific facts and failed to raise a genuine issue requiring a trial.

Summary judgment was granted in favour of the plaintiff for the outstanding debts and possession of the mortgaged property.

The applicant purchased the assets of the respondent but failed to comply with the mandatory filing requirements under the Bulk Sales Act.

The applicant sought an extension of time to file the required affidavit under s. 11(3) of the Act.

The intervenor opposed the application, arguing that the applicant wilfully disregarded its statutory obligations.

The court established a five-factor test for granting an extension and, due to a lack of prior guiding case law, granted the extension.

However, the court ordered that the extension be without prejudice to the intervenor's separate action to void the sale.