The appellant appealed an order dismissing her claims regarding the respondent mortgagees' taking of possession of a house after default on a mortgage she guaranteed, and challenging certain fees and charges.
The Court of Appeal found no error in the motion judge's conclusion that the peaceable taking of possession was not contrary to s. 42(1) of the Mortgages Act, as no action or proceedings were commenced.
The court also upheld the factual findings that the property was vacant and possession was peaceable.
While the main appeal on the legality of possession and associated fees was dismissed, the respondents conceded a credit of $8,616.49 for three months' interest charges.
The appeal was allowed only to reflect this credit, and otherwise dismissed.