The appellant lent money to the respondents secured by a charge on their condominium.
The respondents defaulted on payments in 1990.
Over ten years later, the appellant commenced power of sale proceedings and an action for possession and payment.
The motions judge held that all claims were barred by the Limitations Act and ordered the charge discharged.
On appeal, the Court of Appeal affirmed the decision, holding that a uniform ten-year limitation period applies to remedies under charges or mortgages, including actions for possession, actions on the covenant, and power of sale proceedings.
