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Whelton Hiutin LLP Lawyer Dan McConville Obtains Exceptional Remedy of Advance Costs Order

Whelton Hiutin LLP lawyer Dan McConville recently obtained the extraordinary remedy of an advance costs order (sometimes referred to as interim costs) on behalf of the plaintiff in a case involving alleged abusive mortgage lending. Such orders are exceptionally rare in civil litigation. The defendants were ordered to pay approximately $154,000 towards the plaintiff’s anticipated costs of prosecuting the action. In making the order, Justice Koehnen held that: “In recent years, a variety of forms of abusive mortgages and mortgage fraud have unfortunately become commonplace. It is important as a matter of policy to get these cases to a resolution on the merits quickly so that the courts can set out clear policies on the principles applicable to such cases both in order to act as a deterrent to bad actors and as a guide to the parties and courts to enable the speedier resolution of such cases.” A copy of the decision can be found here.