COURT OF APPEAL FOR ONTARIO
LABROSSE, LANG and ROULEAU JJ.A.
BETWEEN:
N-ZINGA AKILAH
Defendant/Appellant
and
2025540 ONTARIO INC.
Plaintiff/Respondent
N-Zinga Akilah in person
Anne H. Stevens for the respondent
Heard: March 30, 2007
On appeal from the judgment of Justice Geoffrey B. Morawetz of the Superior Court of Justice dated October 4, 2006.
APPEAL BOOK ENDORSEMENT
1Some critical information regarding a bank error was not before the motion judge that in our view would have led him to exercise his discretion to permit the appellant to pay off the mortgage.
2The appeal is allowed and the order of the motion judge is set aside on condition that the appellant pays the second mortgage in full plus costs, within 30 days. Failing which, the appeal is to be dismissed.
3If the appellant is unable to agree to the pay-out figure of the second mortgage, or if there are problems in implementing this decision, either party is at liberty to bring a motion before Labrosse J.A. and the panel will be reconstituted to deal with the issue.
4We order the respondent to provide the appellant with a pay-out amount on or before April 3, 2007.