C & K Mortgage Services Inc. v. Camilla Court Homes Inc.
The Court exercised its discretion to award and fix costs: C & K Mortgage Services Inc. was awarded costs in the amount of $20,000 inclusive of taxes and disbursements; the receiver was awarded costs in the amount of $7,500 inclusive of taxes and disbursements.
Source-derived case information.
- Citation
- 2021 ONCA 58
- Parties
- Applicant (respondent): C & K Mortgage Services Inc.; Respondent: Camilla Court Homes Inc.; Respondent: Elite Homes Inc.; Appellant: Yong Yeow Tan; Receiver: Receiver of Camilla Court Homes Inc. and Elite Homes Inc.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 27 January 2021
- Procedural Posture
- Civil / Costs Endorsement on Appeal
- Outcome
- Costs awarded to successful parties and fixed amounts specified.
- Legal Topics
- Costs, Receiver, Fixed Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
C & K Mortgage Services Inc.
Applicant (respondent)
Camilla Court Homes Inc.
Respondent
Elite Homes Inc.
Respondent
Yong Yeow Tan
Appellant
Receiver of Camilla Court Homes Inc. and Elite Homes Inc.
Receiver
Procedural Posture
Civil / Costs Endorsement on Appeal
Legal Issues
- 1 Entitlement to costs
- 2 Quantum of costs
- 3 Whether costs should be fixed inclusive of taxes and disbursements
Ratio Decidendi
The Court exercised its discretion to award and fix costs: C & K Mortgage Services Inc. was awarded costs in the amount of $20,000 inclusive of taxes and disbursements; the receiver was awarded costs in the amount of $7,500 inclusive of taxes and disbursements.
Court Disposition
Costs awarded to successful parties and fixed amounts specified.
Orders
- C & K Mortgage Services Inc. is entitled to costs fixed in the amount of $20,000 inclusive of taxes and disbursements.
- The receiver is entitled to costs fixed in the amount of $7,500 inclusive of taxes and disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
C & K Mortgage Services Inc. v. Camilla Court Homes Inc. Collection Decisions of the Court of Appeal Date 2021-01-27 Neutral citation 2021 ONCA 58 Docket numbers C68751 Judges Strathy, George R.; Huscroft, Grant; Roberts, Lois B. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: C & K Mortgage Services Inc. v. Camilla Court Homes Inc., 2021 ONCA 58 DATE: 20210127 DOCKET: C68751 Strathy C.J.O., Huscroft and Roberts JJ.A. BETWEEN C & K Mortgage Services Inc. Applicant (Respondent) and Camilla Court Homes Inc. and Elite Homes Inc. Respondents (Respondents) Richard Macklin and Wei Jiang, for the appellant Yong Yeow Tan David Preger and David Seifer, for the respondent C & K Mortgage Services Inc. Eric Golden and Elsir Tawfik, for the receiver of the respondents Camilla Court Homes Inc. and Elite Home Inc. Heard by videoconference: December 7, 2020 On appeal from the order of Justice Bernadette Dietrich of the Superior Court of Justice, dated August 27, 2020, with reasons reported at 2020 ONSC 5071, 82 C.B.R. (6th) 289. COSTS ENDORSEMENT [1] The respondent C & K Mortgage Services Inc. is entitled to costs fixed in the amount of $20,000. The respondent Receiver is entitled to costs fixed in the amount of $7,500. Both amounts are inclusive of taxes and disbursements. “G.R. Strathy C.J.O.” “Grant Huscroft J.A.” “L.B. Roberts J.A.”