Robert Muir

The appellants appealed from an order refusing to set aside a default judgment obtained by the respondent mortgagee.

The appellants argued that the respondent failed to prove the mortgage matured on the claimed date and acted improperly to frustrate the sale of the property.

The Court of Appeal dismissed the appeal, noting the appellants admitted their continuing default and there was no evidence the respondent acted outside its rights as a mortgagee.

The appellant appealed an order suspending his bankruptcy discharge and making it conditional upon the payment of $250,000.

The trustee and major creditors opposed an absolute discharge, citing the appellant's failure to disclose financial affairs, control of offshore accounts, and failure to assist the trustee.

The Court of Appeal upheld the motions judge's findings under section 173 of the Bankruptcy and Insolvency Act, confirming the appellant was not entitled to an absolute discharge.

The court found the $250,000 condition was not oppressive given the appellant's dishonesty and unwillingness to make full disclosure.

The appeal was dismissed, and the conditional payment was increased to $262,000 to cover the successful creditor's costs.