
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.