Court File and Parties
COURT FILE NO.: CV-20-00646635 DATE: 2020-09-22
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: DONALD DESROCHERS, Applicant AND: WORLD FINANCIAL SOLUTIONS INC., SANEH BHARDWAJ and SUNIL BHARDWAJ, Respondents
BEFORE: Paul B. Schabas J.
COUNSEL: Samir Chhina, for the Applicants Monica Peters, for the Respondents
HEARD: September 14, 2020
ENDORSEMENT
1On September 15, 2020 I released my Reasons for Judgment dismissing the application: Desrochers v. World Financial Solutions Inc., 2020 ONSC 5546.
2At paragraph 19 of my Reasons I stated that "[i]f Don wishes to stop the power of sale and take things back into his own hands to manage and or sell the property on his own terms, he must first pay off the second mortgage, as it is open to him to do now." This comment was made based on the applicant's stated wish, and present ability, to pay off the full amount owing in the Notice of Sale, and the position of the respondent at the hearing that this was open to the applicant and, if paid, the respondent would not take steps to proceed with the power of sale proceedings. The respondent also agreed that it would not act immediately, allowing time for the release of my Reasons.
3On Friday afternoon, September 18, 2020, counsel wrote me regarding the issue of the amount to be paid by the applicant to discharge the mortgage, as the parties disagreed over the amount. Based on emails sent to me on September 21, 2020, the applicant has tendered the full amount set out in the Notice of Sale, plus interest. The respondents, however, take the position that it is also entitled to all of its legal fees incurred to date, including costs incurred subsequent to the issuance of the Notice of Sale, pursuant to s. 8 of the mortgage, and has indicated that it did not intend to make cost submissions to me despite my direction at paragraph 20 of my Reasons.
4The payment of all legal costs to date was not addressed at the hearing or contemplated by me when I released my Reasons. The respondents confirmed that payment of the amount in the Notice of Sale, plus interest to date, would stop a sale by the respondents. That is what was intended in my Reasons and what I expect to happen. The issue of liability for the respondents' costs, either as a result of my Reasons or by operation of s. 8 of the mortgage, shall be addressed in the costs submissions I have requested.
Paul B. Schabas
Date: September 22, 2020