Introduction and Background:
Home Trust Company sued Mark Anthony Haughian, Camille Dawn Mongovius, and Debra Stites for mortgage foreclosure. Capital One Bank (Canada Branch), Co-operators General Insurance Company, and Royal Bank of Canada (RBC) were added as defendants due to subordinate enforcement charges. The court granted Home Trust leave to commence foreclosure on June 6, 2023, leading to a judicial sale.

Legal Issues:

1. Solicitor-Client Costs – Home Trust sought $8,368.41 in legal fees, arguing that $5,500 was the appropriate benchmark, while RBC contended it should be $5,000. The court ruled in favor of Home Trust, awarding a total of $8,368.41, which included:

   • $5,500.00 in general legal fees

   • $1,000.00 for the substitutional service application

   • $715.00 in taxes on legal fees

   • $617.41 in taxable disbursements

   • $536.00 in non-taxable disbursements

2. Post-Securement Maintenance Fees – Home Trust sought $4,357.50 for weekly occupancy checks after taking possession. RBC objected, citing The Limitation of Civil Rights Act, which prohibits inspection fees. The court denied Home Trust’s claim.

Court’s Decision and Award:
The court awarded Home Trust $9,465.04 in property management fees, covering:

• $4,229.40 in cleaning fees

• $3,972.49 in utilities

• $819.00 for securing and winterizing

• $444.15 in repairs

The total award in favor of Home Trust was $17,833.45, while the remaining sale proceeds were ordered to be paid to RBC.

Conclusion:
Home Trust successfully recovered foreclosure costs but was denied post-securement maintenance fees based on statutory interpretation.