R.W. Dowhan

The applicant mortgagor challenged various fees included in two mortgage discharge statements provided by the respondent mortgagees.

The court disallowed the renewal fees, finding no evidence of an agreement to renew.

The court also struck the NSF and late payment administration fees, ruling they constituted unlawful penalties under section 8 of the Interest Act as there was no evidence they reflected actual administrative costs.

The legal and power of sale fees were referred to an Assessment Officer under the Mortgages Act.

Following a successful condominium compliance application under s. 134 of the Condominium Act, 1998, the court addressed costs.

The condominium corporation sought full indemnity costs exceeding $18,000, while the unit owner’s estate sought costs against the corporation after certain eviction-related relief was abandoned at the hearing.

The court held that although condominium corporations are often awarded full indemnity costs in compliance proceedings, the applicant did not achieve complete success due to the late abandonment of significant claims.

The estate was not entitled to costs because it failed to investigate complaints regarding its tenant’s conduct.

Partial indemnity costs were awarded against both respondents jointly and severally.