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.
