Overview:

• The case involves a private mortgage dispute where the Acquavivas held the first charge against Holmes' property.
• The court previously granted summary judgment on liability to the plaintiffs.

Key Issues:

1. The actual amount secured under the Acquaviva charge.
2. The interest rate on the principal amount after July 1, 2019.

Judgment:

• Amount Secured: $688,962.05, including the net advance of $649,292.05 and an interest adjustment of $4,570.
• Interest Rate: 9.75% per annum from July 1, 2019.
• Lender's Fee: The court found no agreement for the $21,600 lender's fee, thus it was not included.

Total Amount Owed:

• As of March 1, 2023, Holmes owes $935,265, accruing interest at $182.81 per day.

Possession Order:

• The Acquavivas were granted possession of the property, with further motions required for tenant-related issues.

Costs:

• The Acquavivas were awarded $51,555 in costs, comprising $44,000 in fees, $5,720 in HST, and $1,835 in disbursements.
• Post-judgment interest on costs accrues at 4% per annum.

Conclusion:

• Holmes owes $935,265 plus daily interest, and the Acquavivas are entitled to possession of the property.