CITATION: Equitable Bank v. Mundulai, 2016 ONSC 5799
COURT FILE NO.: CV-15-00535180 DATE HEARD: 20160916 ENDORSEMENT RELEASED: 20160916
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Equitable Bank v. Aliamisse Omar Mundulai and Ying Huang
BEFORE: Master B. McAfee
COUNSEL: Aliamisse Omar Mundulai, Defendant in Person, Moving Party B. Whealen for the Plaintiff, Responding Party
SUPPLEMENTAL REASONS FOR DECISION
[1] Further to paragraph 34 of my reasons for decision dated September 6, 2016, the parties re-attended before me today to address the calculation.
[2] The subtotal at paragraph 28 of my reasons for decision is correct. There is, however, a typographical error in the end year of the accrued interest. The date should read August 3, 2016 not 2015. After hearing further submissions, the final total amount to be paid is $131,095.48.
[3] There shall be no assessment of costs or further assessment of costs in light of paragraph 26 of my reasons for decision.
[4] I decline to add the amount of $94.91 for an increase in the tax account, as requested by the plaintiff. There was insufficient evidence before me to establish a basis for this amount.
[5] I also decline to provide a credit for interest on the amount of $127,000.00, as requested by the defendants. At the attendance before me on August 3, 2016, the defendant did not confirm that plaintiff’s counsel could cash the cheque and pay this amount to the plaintiff to stop interest from accruing. There was no calculation of the amount sought in this regard.
[6] The plaintiff orally sought an order that the defendants be responsible to reimburse the plaintiff for any further repairs undertaken and expenses incurred by the plaintiff before the mortgage is paid. I decline to make an order in this regard. The repairs have not yet taken place. The mortgage will be paid within 2 weeks.
[7] The parties assure me that they will comply with the below order, that finally disposes of the matters at issue between the parties. In the event that there is non-compliance with either paragraph 1 or 2 below, the parties may re-attend before me. As the parties have assured me that they will comply with their obligations under this order, a re-attendance is not anticipated.
[8] Order to go as follows:
The defendants shall pay to the plaintiff the all inclusive sum of $131,095.48, of which $127,000.00 in certified funds is in the possession of plaintiff’s counsel and shall be immediately paid to the plaintiff and the further sum of $4,095.48 shall be paid by the defendants to plaintiff’s counsel, Meyer, Wassenaar & Banach, LLP in trust on or before September 30, 2016;
Within 30 days of receipt of payment of the full amount set forth at paragraph 1, the plaintiff shall discharge the mortgage;
No assessment or further assessment of costs shall proceed;
The action shall be dismissed.
Master B. McAfee