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The Court of Appeal dismissed leave to appeal a costs order, holding the proposed appeal raised no question of principle and no arguable merit.
The court refused to send this foreclosure petition to trial, rejected the misrepresentation defence, and ordered hybrid procedures for remaining issues.
The court dismissed two related civil actions over mortgage proceeds and alleged loan overpayments, finding the claims unproven, time-barred, or barred by collateral attack.
The Court of Appeal held a prior vexatious litigant order applied to this appeal, stayed the proceedings, and required leave before Hoessmann could proceed.
The court refused to increase costs to Scale C and denied double costs, holding that the respondent’s defence and accounting objections were reasonably arguable.
Appeal from a Master’s COEA order dismissed. The court held the appellant had not shown cause to stop sale of his partial land interest; the Registrar reference proceeded.
The Court of Appeal declined to vary a security-for-costs order, denied adjournment, granted a short extension to pay $7,500, and ordered the appeal dismissed if unpaid.
The court awarded Tariff C costs of $2,000 each to Edward Webber and iNova Credit Union for a one day hearing because the motion was not unusually complex, the alleged impropriety was not pursued at hearing and did not justify an increase, and the interests and conduct of Smithers, Giamac Inc. and Giovannetti were sufficiently interrelated to make them jointly and severally liable for the costs.
Source excerpt
The Court of Appeal refused to vary a single-justice order and upheld the refusal of an extension of time to appeal in a long-running foreclosure dispute.
The court found the purchaser wrongfully terminated a real estate agreement, but held the collateral mortgages remained enforceable and granted foreclosure relief.
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