Superior Court of Justice - Ontario

Citation: Equitable Bank v. Mundulai, 2016 ONSC 998

Court File No.: CV-15-535180

Date: 20160210

Re: Equitable Bank, Plaintiff

And:

Aliamisse Omar Mundulai and Ying Huang, Defendants

Before: Stewart J.

Counsel: Bryan Whealen for the Plaintiff Ying Huang and Aliamisse Mundulai in Person

Heard: In writing

Endorsement

[1] In my Endorsement of November 25, 2015, I invited the parties to provide submissions in writing on costs if that subject could not be agreed upon by them. I now have received and considered those costs.

[2] The self-represented Defendants ask for costs of $2600.00. The Plaintiff asks for costs of $1,000.00.

[3] The motion resulted in an order setting aside a default judgment on an unpaid mortgage debt as a result of an argument raised by the Defendants as to ineffective service of the claim.

[4] In all of the circumstances, and considering the factors relevant to the determination of costs, I consider that the fair and reasonable disposition of this issue is that there be no order as to costs for or against any party.

Stewart J.

Date: February 10, 2016