The appellants, a corporation and its sole officer/director, appealed a summary judgment foreclosure decision.
The respondent held a first mortgage on a residential property in Niagara Falls.
The appellants failed to pay the mortgage when it matured on February 2, 2023.
The appellants argued the mortgage was invalid because the respondent had not signed the commitment letter, and raised various other defenses including allegations of fraud, conspiracy, and that a lease with a tenant barred foreclosure.
The motion judge granted summary judgment for foreclosure, payment, and possession.
The Court of Appeal dismissed the appeal, finding the mortgage was validly executed as evidenced by payment of funds and registration of the charge, and rejecting all other arguments as unsupported by evidence.
