Eric M. Appotive

The moving parties sought summary judgment dismissing a counterclaim alleging misrepresentation, breach of contract, and intentional interference with economic relations on the basis that it was barred by the two‑year limitation period under the Limitations Act, 2002.

The counterclaim asserted claims virtually identical to those raised by the respondent in an earlier action that had been dismissed for lack of jurisdiction following enforcement of a forum selection clause by the Supreme Court of Canada.

The court held that the Limitations Act, 2002 is exhaustive and does not permit courts to decline to apply statutory limitation periods based on special circumstances.

As the claims were discovered years earlier and no statutory exception applied, the counterclaim was statute‑barred.

The court granted summary judgment striking the counterclaim and ordered the respondent to pay funds into court pending resolution of an indemnity claim, failing which judgment would issue.

The plaintiff, Scotia Mortgage Corporation, brought a motion for summary judgment against the mortgagors and the guarantor for default under a first mortgage.

The property had been destroyed by fire, and insurance proceeds were insufficient to cover the mortgage debt due to a rebuilding clause.

The guarantor defended on grounds including non es factum and material alteration of the mortgage.

The court granted summary judgment to the plaintiff, finding the guarantor's defences without merit.

A second mortgagee, named as a third party, also moved for summary judgment to dismiss claims that he was liable as a mortgagee in possession.

The court dismissed the second mortgagee's motion, finding that whether he had assumed control of the property was a genuine issue requiring a trial.