COURT FILE AND PARTIES

COURT FILE NO.: CV-11-421658
DATE: 20120312
SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Maryke McEwen, Plaintiff

AND:

Gregory Joseph Marino and Joseph Marino and CIBC Trust corporation, as Trustee for SDRRSP/RRIF No. 5901 4860-18 for Maryke McEwen as to a 100% Interest, Defendants

BEFORE: B.P. OMarra J.

COUNSEL: Glenn E. Cohen , for the Plaintiff

Gregory M. Sidlofsky , for the Defendants, Gregory Joseph Marino and Joseph Marino

HEARD: Written Submissions

ENDORSEMENT

[ 1 ] The Plaintiff was successful in seeking an award of damages, including arrears and pre-judgment interest. The Defendant was successful in obtaining a temporary stay of execution of the judgment related significantly to the conduct of a former lawyer for the Plaintiff.

[ 2 ] The mortgage contract provides for costs on a substantial indemnity scale. Based on these particular circumstances, the Plaintiff is awarded costs of $38,000.00 all of which is $2,000.00 less than the costs sought on a substantial indemnity basis.

B.P. O’Marra J.

Date: March 12, 2012