Mira Nemr

The appellant challenged a summary judgment granting the respondent bank possession of the appellant's residence and monetary relief arising from mortgage default.

The Court of Appeal held there was no merit to the appeal because the evidence was undisputed, the appellant admitted non-payment even after adjustments and an extension, and the mortgage contract authorized possession upon default after required notice.

The court also rejected reliance on the Charte hypothécaire canadienne, holding that it formed part of a federal economic statement and had no force of law.

The appeal was dismissed with costs to the respondent.

The appellant sought a stay of execution of a possession order pending appeal of a summary judgment decision.

The property was mortgaged to Equitable Bank for $610,000.

The appellant defaulted on payments in September 2023 and failed to comply with a forbearance agreement.

The lower court granted summary judgment for possession and costs.

The Court of Appeal dismissed the motion for stay, finding no serious issue to be tried on appeal, no irreparable harm, and that the balance of convenience did not favour granting the stay.

The appellant had admitted default and the mortgage terms clearly permitted the lender to demand full payment and take possession.

The court considered the appropriate costs order following an application in which the applicant, Kristine McGinn, obtained injunctive relief against the respondents, including Stephen Bleeker and Assurance Home Care.

The court determined that costs should be payable forthwith on a partial indemnity basis, rejecting the applicant’s request for substantial indemnity costs and her request that costs be awarded against Mr. Bleeker personally.

The court fixed costs at $47,769.39, inclusive of fees, disbursements, and HST, to be paid within 30 days.

The applicant sought to recognize and enforce a Quebec Superior Court default judgment in Ontario.

The respondent opposed enforcement, arguing lack of territorial jurisdiction, failure to consider the underlying contract's language, and insufficient notice period for appointing new counsel.

The court found the Quebec court had jurisdiction based on contract formation, dismissed arguments regarding the contract's language as irrelevant to the enforcement agreement, and held that the respondent's failure to act after receiving notice of counsel withdrawal and default proceedings did not constitute a denial of natural justice.

The motion was granted, and the Quebec judgment was recognized and rendered enforceable in Ontario.

The applicant, Kristine McGinn, sought an interim injunction to restore her status as an employee, officer, and director of Assurance Home Care Inc., and to refer her claims against the respondents to arbitration.

The respondent, Stephen Bleeker, had unilaterally terminated McGinn's employment and sought to remove her from the board, revoking her access to company resources.

The court found it had jurisdiction to grant injunctive relief in aid of arbitration and determined the injunction sought was prohibitive.

Applying the RJR-MacDonald test, the court found a serious issue to be tried regarding Bleeker's authority to terminate McGinn unilaterally, and that McGinn would suffer irreparable harm if the injunction was not granted, as it would diminish the prospect of a shotgun/buy-sell order remedy.

The balance of convenience favoured preserving the status quo prior to the alleged breach.