Court of Appeal for Ontario
BEFORE: Doherty, Epstein and Benotto JJ.A.
BETWEEN
Concentra Financial Services Association
Respondent
and
Marshall Kazman also known as Marshall Stephen Kazman
Appellant
COUNSEL:
Marshall Kazman, appearing in person
Mark Hartman, for the respondent
HEARD: May 14, 2014
On appeal from the judgment of Justice Gray of the Superior Court of Justice, dated November 7, 2013.
APPEAL BOOK ENDORSEMENT
1We see no basis upon which we can interfere with the order granting summary judgment on the mortgage.
2With respect to the appellant’s application for relief under s. 22 and s. 23 of the Mortgage Act, which was also dismissed by the motion judge, whatever merit there may have been to that application at the time, subsequent events have overtaken any possible application of s. 23 (s. 22 has no application). The mortgage has matured and the mortgagee is in possession of the property.
3The appeal is dismissed. Costs to the respondent in the amount of $3,500, inclusive of disbursements and taxes.
