Romano v Sills, 2017 ONSC 6849

CITATION: Romano v Sills, 2017 ONSC 6849

COURT FILE NO.: C-628-16

DATE: 2017-11-15

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

Giuseppe Romano and Filomena Romano

Plaintiffs

– and –

Thomas Sills

Defendant

COUNSEL:

Domenic Saverino for the Plaintiffs

Dennis G. Crawford and Martin F. Mahlstedt for the Defendant

BEFORE: The Honourable Justice James W. Sloan

COSTS ENDORSEMENT

[1] This is not a case where costs should be awarded against a solicitor.

[2] The plaintiffs were successful in obtaining a judgment in the amount of $11,826.98.

[3] They now seek costs on a substantial indemnity basis in the amount of $12,827.60, failing which on a partial indemnity basis in the amount of $8,929.10.

[4] In essence they submit that they are entitled to substantial indemnity costs because the mortgage document says they are entitled to them.

[5] Notwithstanding the mortgage document, I am not prepared to consider substantial indemnity costs where to do so would mean that the plaintiffs recover more in costs than they did for their action.

[6] It was clear from my judgment that the plaintiffs grossly overreached, when they demanded almost four times what the court found they were entitled to, before they would give a discharge of mortgage.

[7] While it is true that they also obtained possession of the property in the event that the $11,826.98 was not paid within 30 days, that issue was never seriously argued.

[8] The whole reason this matter proceeded to a hearing was because of the plaintiffs’ overinflated demands. In addition the plaintiffs did not serve any offer to settle.

[9] Although the defendant’s offer was $2,826.98 less than the judgment, at least they made an offer to settle.

[10] However, much like the plaintiffs, the defendant maintained throughout the argument that the interest rate on his second mortgage was 0.8%.

[11] Like the plaintiffs’ inflated claim, the defendant’s adherence to this interest rate made the matter virtually unsettle able.

[12] For the above reasons, I decline to award either party costs.

J.W.Sloan J.

Released: November 15, 2017