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Debt, Real Estate, Mortgage: Tingas-Demetriou v. Dublin,

#Real #Estate, #Property, #Litigation, #Civil Court, #Mortgage #Enforcement, #Mortgage #Dispute, #Sale, #Fraud, #Misrepresentation, #Foreclosure, #Damages, #Settle, #Summary #Judgement, #Trial, #Appeal, #Costs

*Tingas-Demetriou v. Dublin, 2016 ONSC 3414

The defendant S sold a property to the plaintiff for approximately $255,000 through the defendant KSF, which had obtained it through a judgment foreclosure for $114,444. The defendant D loaned the plaintiff $275,000 secured by a mortgage on the property. The plaintiff sued the defendants for $300,000, which she alleged had been fraudulently misappropriated from her, and sought punitive and/or aggravated damages in the amount of $100,000. She made allegations of deceit, misrepresentation, conspiracy and fraud. The defendants made early offers to settle which were not accepted. The action was dismissed on consent immediately before a summary judgment motion was to be heard. The defend- ants sought their costs.

Held, the defendants should be awarded costs on a full indemnity basis.

The action was ill-founded. There was clearly no conspiracy, deceit or fraud, and an appraisal existed which justified the price which was paid for the property. Parties who make unfounded allegations of fraud or improper conduct which are seriously prejudicial to the character and reputation of a party may be held liable to pay costs on a higher scale.”

*source: Ontario reports

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