Court File and Parties
COURT FILE NO.: CV-15-00525660
MOTION HEARD: 20210119
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: York Condominium Corporation No. 60, Plaintiff
AND:
May Munro, Defendant
BEFORE: Master B. McAfee
COUNSEL: Carol A. Dirks, Counsel, for the Plaintiff
Robert Stewart, In Person
Edward Munro, In Person
Glenn Bogue, In Person
HEARD: January 19, 2021 via Zoom
REASONS FOR DECISION
[1] This is a motion brought by the plaintiff York Condominium Corporation No. 60 (the plaintiff) for an order permitting YCC No. 60 to pay into court the sum of $57,264.20 being the surplus funds realized from the sale of 380 Dixon Road, Unit 2603, Toronto, Ontario (the property).
[2] The action involves the enforcement of a condominium lien registered on title to the property for unpaid common expenses. The property was sold under power of sale. Default judgment for possession was granted on May 28, 2015. Leave to issue a writ of possession was granted on June 3, 2016.
[3] The defendant, the late May Munro (the defendant) was the registered owner of the property.
[4] This motion for payment into court originally came before me on January 12, 2018, without notice and in writing. Although it does not appear that my complete handwritten endorsement is in the record before me, for reasons set out in my endorsement dated January 22, 2018, I adjourned this motion sine die to be brought back on returnable before me. Evidence to locate any next of any kin/common law spouse was required.
[5] The plaintiff subsequently made efforts to locate any next of kin/common law spouse and made efforts to address other matters raised in my endorsement. After locating two persons who claim an interest in the defendant’s estate, the plaintiff did not pursue this motion for a period of time pending the determination of matters concerning the estate of the defendant on the Estates List (Estate File No. 01-1167/19).
[6] This motion returned before me on January 19, 2021. This motion is now on notice to Edward Munro and Robert Stewart, the two persons who claim an interest in the defendant’s estate. Mr. Munro and Mr. Stewart appeared today.
[7] Mr. Glenn Bogue also appeared today purporting to be an amicus curiae for Mr. Munro. During the motion Mr. Bogue also referred to himself as a process server. Mr. Bogue is aware that he cannot practice law and/or provide legal services and he does not believe that he is doing so. I do not agree with Mr. Bogue’s assertions with respect to his assistance to Mr. Munro on this motion. Mr. Bogue is not properly before the court on behalf of Mr. Munro. I also heard directly from Mr. Munro during the hearing. To the extent that Mr. Bogue spoke during the hearing, it is not necessary for me to rely on Mr. Bogue’s submissions with respect to the relief sought by the plaintiff on this motion. At the hearing, I urged Mr. Munro to retain a lawyer and I again urge Mr. Munro to do so.
[8] Mr. Stewart appeared on the motion. Mr. Stewart does not oppose the relief sought today. I also urge Mr. Stewart to retain a lawyer.
[9] Mr. Munro raises a concern with the legal fees deducted from the proceeds of sale. Mr. Munro is of the view that the legal fees are high. Plaintiff’s counsel agrees to provide a copy of the accounts and dockets to Mr. Munro and Mr. Stewart on or before February 2, 2021, and I so order.
[10] I am ordering the surplus funds to be paid into court as requested by the plaintiff. There is no prejudice to any party/person in so doing. No order is sought that the payment into court extinguishes any liability in respect of the amount of the surplus funds. The ordering of the money paid into court is without prejudice to any dispute any party/person entitled to the surplus funds may have with respect to the amount of the surplus funds paid into court, including any deducted legal fees.
[11] As noted above, matters relating to the estate are on the Estates List (see endorsement of Justice Dietrich in Estate File No: 01-1167/19 dated November 22, 2019).
[12] I refer Mr. Munro and Mr. Stewart to the website of the Ontario Ministry of the Attorney General where there is helpful information about finding a lawyer and estates matters. One of the links with information about finding a lawyer is attorneygeneral.jus.gov.on.ca/english/estates/how_to_apply_for_probate.php. There you will find reference to the Law Society of Ontario’s Lawyer Referral Service, local Community Legal Clinics, and JusticeNet.
[13] The plaintiff seeks costs of this motion in the amount of $2,000.00. I award no costs of this motion. This motion was originally brought in writing and without notice with no evidence of efforts to locate any next of kin/common law spouse, other than an estates search.
[14] Should a formal order be required, plaintiff’s counsel may provide me with a draft order for consideration. Approval as to form and content of the draft order is dispensed with.
[15] Order to go as follows:
The plaintiff shall pay into court the sum of $57,264.20 being the surplus funds realized from the sale of 380 Dixon Road, Unit 2603, Toronto, Ontario.
The payment into court is without prejudice to any dispute any party/person entitled to the surplus funds may have with respect to the amount of the surplus funds, including deducted legal fees.
On or before February 2, 2021, a copy of the legal accounts and dockets of plaintiff’s counsel shall be provided to Mr. Munro and Mr. Stewart.
There shall be no costs of this motion.
Master B. McAfee
Date: January 20, 2021