Appeal of summary judgment on mortgage debt dismissed; fraud allegations left to separate proceeding.
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.
OCACourt of AppealOct 22, 2020
