Court File and Parties

Court File No.: 11-25426
Date: 2012-03-26
Superior Court of Justice - Ontario

Re: First National Financial GP Corporation, Plaintiff

And: Andrea Carol Marie Anani and Ziad Anani

Before: Justice M. D. Parayeski

Counsel:
Derek Collins, Counsel for the Plaintiff / Defendant by Counterclaim
Ziad Anani, Self-Representing and appearing as agent for Andrea Carol Marie Anani

Heard: May 31 st , 2011

Endorsement

[ 1 ] The hearing before me on May 31 st , 2011 dealt with three motions; one brought by the plaintiff and two by the defendants. The plaintiff was successful on its motion, and was granted summary judgment as against the defendants. The defendants lost their first motion in respect of their allegation that the plaintiff had sold the subject property for less than fair market value. They were successful on their second motion, in which they sought a change of venue. Because the plaintiff was granted summary judgment, there was little or no practical effect flowing from the change of venue ruling. Simply put, there was no further action to be heard in any venue.

[ 2 ] The underlying action was a mortgage action. The mortgage contained the standard term that a mortgagor is obligated to pay the mortgagee its costs of enforcement on the full indemnity scale. There is nothing before me which suggests that the plaintiff mortgagee is not entitled to its costs on that scale in this matter. While I appreciate that the defendants were notionally successful regarding their motion on the issue of venue, I have already commented regarding the limited (or only theoretical) effect of the same.

[ 3 ] The plaintiff has submitted a costs outline which I have reviewed and find to be entirely reasonable. The defendants shall pay to the plaintiff its fees fixed at $3,650.00 plus HST, and its disbursements fixed at $762.03, inclusive of HST. These costs are payable forthwith.

Justice M. D. Parayeski

Date: March 26 th , 2012