Joga Chahal

The appellants appealed a summary judgment granted on an outstanding mortgage debt.

They admitted the debt was outstanding but argued that fraudulent representations by their mortgage agent led to the mortgage.

The Court of Appeal dismissed the appeal, agreeing with the motion judge that the fraud allegations were the subject of a separate proceeding and did not preclude summary judgment on the debt.

The Applicant requested an adjournment of an arbitration hearing regarding statutory accident benefits, citing the need for further medical examinations scheduled on the first day of the hearing.

The Insurer opposed the adjournment.

The Arbitrator refused the adjournment, finding that the Applicant's counsel had failed to act diligently in reviewing the file and scheduling the examinations, and that granting the adjournment would cause undue delay and prejudice to the Insurer.