2 total
Appeal to add defendants dismissed as claims were statute-barred under the two-year limitation period.
The appellants appealed a motion judge's order dismissing their motion to add four defendants to an action claiming damages from improper foreclosure orders.
The motion judge found the claims against the proposed defendants were statute-barred under the two-year limitation period, as the appellants knew or ought to have known of their involvement well before the limitation period expired.
The Court of Appeal upheld the decision, rejecting arguments that a ten-year limitation period applied or that the doctrine of special circumstances permitted adding the parties.
The appeal was dismissed.
Summary judgment granted; power of sale not improvident and mortgage priority upheld.
The defendant lender brought a motion for summary judgment dismissing a claim by a third mortgagee arising from a power of sale of residential property.
The plaintiff alleged the sale was improvident and challenged the defendant’s ability to add amounts paid to discharge a prior mortgage to its own mortgage debt.
The court held the sale price fell within the range of professional appraisals and did not demonstrate bad faith or fraud.
The court further held that the defendant was contractually and equitably entitled to add the payout of the prior mortgage to its own mortgage and recover that amount in priority to the plaintiff.
Finding the matter suitable for determination on a documentary record, the court granted summary judgment and dismissed the action.
