Following summary judgment in favour of a mortgagee on a first mortgage, the court determined costs arising from the motion and the broader action.
The mortgagee sought substantial costs against the mortgagors and guarantor, while the defendants sought costs against a second mortgagee whose summary judgment motion dismissing their third party claims failed.
The court held that the mortgagee was entitled to costs but found the amounts claimed excessive and reduced them, allocating portions jointly and severally among the defendants.
The court also found the second mortgagee acted unreasonably in bringing a summary judgment motion involving credibility issues and ordered substantial indemnity costs in favour of the guarantor.
Requests to stay enforcement of the summary judgment and costs orders pending related insurance litigation were denied.
