Ron J. Aisenberg

The appellant appealed a summary judgment order requiring her to pay $26,232.53 owing on a small business line of credit to the respondent bank.

The appellant argued that the bank had verbally promised not to close the account, that the bank treated her unfairly due to her disability, and that the rules of civil procedure violated her Charter rights.

The Divisional Court dismissed the appeal, finding that the bank had a contractual right to demand repayment, the requirements for promissory estoppel were not met, and the Charter does not apply to private corporations or provide a defence to a legal debt.

The appellants appealed a Master's order striking their statement of defence and counterclaim for failing to comply with a prior order to answer discovery refusals and produce records.

The Divisional Court allowed the appeal, finding the Master erred in law by stating she had 'no choice' but to strike the pleadings, thereby failing to exercise her discretion.

Conducting a de novo review, the Court held that striking pleadings is an extreme remedy of last resort and granted the appellants a 'last chance' order to comply within a short timeframe.

The appellants appealed a judgment granting the respondent bank the right to enforce a defaulted mortgage.

The appellants argued that the discovery of asbestos substantially increased their costs and sought more time to pay.

The Court of Appeal dismissed the appeal, noting that the appellants had missed about a year and a half of payments and failed to refinance despite a previous adjournment.

The court affirmed that the appellants have no defence to the action but retain the right to redeem the mortgage at any time before the property is sold.