SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: 53322/11
DATE: 2012-03-05

RE: Street Capital Mortgage Corporation v. Kevin Ricky VanAmburg

BEFORE: Justice C. A. Tucker

COUNSEL: Michael Fleischmann, for the Plaintiff
Kevin Ricky VanAmburg, Self-represented

C O S T S E N D O R S E M E N T

[ 1 ] The plaintiff seeks its costs at a full indemnity rate in the amount of $10,901.67 inclusive of HST. The motion was for summary judgment on a mortgage which was successful. There were a number of defences raised which were legally complex. The mortgage provided for costs incurred to be paid on a substantial indemnity basis.

[ 2 ] The defendant declined to deal with costs by providing submissions although given the opportunity by the court to do so.

[ 3 ] Given the complexity and nature of the case, I find the costs sought by the plaintiff to be appropriate and I order costs payable by the defendant to the plaintiff in the amount of $10,901.67 inclusive of HST.

Tucker, J.

DATE: March 5, 2012

COURT FILE NO.: 53322/11

DATE: 2012-03-05

SUPERIOR COURT OF JUSTICE - ONTARIO RE: Street Capital Mortgage Corporation v. Kevin Ricky VanAmburg BEFORE: Justice C. A. Tucker COUNSEL: Michael Fleischmann, for the Plaintiff Kevin Ricky VanAmburg, Self-represented COSTS ENDORSEMENT Tucker, J.

DATE: March 5, 2012