COURT OF APPEAL FOR ONTARIO
RE: BARDE HOMES LTD. (Appellant) v. PAMELA SASSO (Respondent)
BEFORE: McMURTRY C.J.O., ABELLA AND ROSENBERG JJ.A.
COUNSEL:
James K. Ball for the appellant
Massimo Rovazzi for the respondent
HEARD & ENDORSED: April 20, 2004
On appeal from the judgment of Justice Terrence L. J. Patterson dated October 8, 2002.
A P P E A L B O O K E N D O R S E M E N T
1We see no basis for interfering with the conclusion reached by the applications judge, namely, that the effect of the additional provision was to make interest for the one year payable from the date of the registration of the mortgage, notwithstanding that the full funds were not advanced.
2Moreover, there was no language in the mortgage that limited the use of the funds to finance an improvement on the land, as argued by the appellant.
3The appeal is dismissed with costs fixed in the amount of $5,500.