Everest Finance Corporation v. Jonker 2023 Ont CA
Judgment on a mortgage. The motion judge limited interest because of the court’s delay in dealing with the claim arising from COVID problems. The judge also reduced costs from $34,000 to $20,000 in the exercise of her discretion. The Court of Appeal overruled on both issues. Courts can refuse interest when the creditor is dilatory, but not when the courts are dilatory. Further, the mortgage stated full indemnity costs and the judge had no discretion to order anything other than full indemnity unless the amounts requested were either inappropriate or excessive.
Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.