J. Davis-Sydor

The appellants appealed a motion judge's refusal to allow them to amend their statement of defence to include a counterclaim, her refusal to stay a summary judgment granted on a defaulted mortgage, and her refusal to enjoin the respondent from exercising its power of sale.

The Court of Appeal dismissed the appeal, finding that the proposed counterclaim regarding an improvident sale was no longer viable because the sale did not occur.

The court also held that the appellants could not rely on the delay in enforcement due to forbearance agreements to invalidate the notice of sale.

The appellant appealed a motion judge's decision dismissing its breach of contract and warranty claim against an American respondent for lack of jurisdiction.

The motion judge found no real and substantial connection between the respondent and Ontario.

The Court of Appeal allowed the appeal, finding that the motion judge failed to properly weigh the factors from Muscutt v. Courelles and conflated a choice of law clause with a choice of jurisdiction clause.

The matter was remitted for re-hearing before a different judge.