Court File and Parties
COURT FILE NO.: CV-19-629114 DATE: 20210312 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Home Trust Company, Plaintiff AND: Maureen Patricia Nelson-Maalouf and Louis Maalouf, Defendants
BEFORE: Paul B. Schabas J.
COUNSEL: Jeffrey Kukla, for the plaintiff Louis Maalouf, in person
HEARD: February 1, 2021
Costs Endorsement
[1]
Background
In Reasons for Judgment dated February 5, 2021, I granted the plaintiff’s motion for summary judgment in this matter: Home Trust Company v. Nelson-Maalouf, 2021 ONSC 970. The plaintiff now seeks costs on substantial indemnity basis in the amount of $22,553.40. Mr. Maalouf has not filed responding submissions in accordance with my direction at the conclusion of my Reasons.
[2]
Analysis
This was a mortgage enforcement matter. The Standard Charge Terms provide that the defendants shall pay all of the plaintiff’s expenses, including legal costs “on a solicitor and its client or substantial indemnity basis,” arising from the need to enforce the terms of the mortgage.
3I see no reason to exercise my discretion to depart from the agreed terms. The self-represented defendant Mr. Maalouf is, as I noted in my Reasons, a real estate agent. His conduct required numerous case conferences and caused delays in having the matter heard. He is not unsophisticated and knew or ought to have known of the consequences of his failure to pay the mortgage, including the requirement to pay costs.
4Further, in my view the costs sought are reasonable and in the range of what the defendants should reasonably have expected to pay. The time incurred and amounts charged are fully supported, and are reasonable.
[5]
Disposition
The defendants shall pay costs to the plaintiff in the amount of $22,553.40. I have also reviewed and signed the draft Judgment prepared by the plaintiff, as Mr. Maalouf has not responded to it, and have included this award of costs in it.
Paul B. Schabas J.
Date: March 12, 2021