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Appeal dismissed; mortgage renewal and debtor payments restarted the limitation period for enforcing a guarantee.
The appellants appealed a summary judgment enforcing a mortgage guarantee, arguing the cause of action was barred by the 10-year limitation period under the Limitations Act because the mortgage fell into default in 1991.
The Court of Appeal dismissed the appeal, finding that a 1994 mortgage renewal brought the mortgage into good standing and that subsequent payments by the debtor restarted the limitation period.
Although the motion judge erred in her treatment of the appellant's signature evidence, this did not affect the correctness of the disposition.
Consent granted to abolish Napanee municipal police force in favour of OPP contracting, subject to severance conditions.
The Town of Napanee applied to the Ontario Police Commission for consent to abolish its municipal police force in order to contract policing services from the Ontario Provincial Police (OPP).
Various community members, police associations, and citizens made representations regarding the adequacy of the current force, the cost savings of the OPP contract, and the impact on current officers and the community.
The Commission determined it had jurisdiction to consider the adequacy of both the existing and proposed policing services.
Finding no evidence that either the current or proposed policing was inadequate, the Commission granted consent to disband the municipal force, subject to conditions ensuring that current members are either offered employment with the OPP or provided with fair severance determined by binding arbitration.
