COURT OF APPEAL FOR ONTARIO
Rosenberg, Cronk and Tulloch JJ.A.
BETWEEN
L-Jalco Holdings Inc.
Plaintiff (Respondent)
and
Joseph Murano and Marjorie Babcock
Defendants (Appellants)
and
Calin A. Lawrynowicz and Your Legal Business Partners Inc.
Third parties
Amandeep S. Dhillon, for the appellants
Sean Dewart, for the respondent
Heard: January 21, 2014
On appeal from the judgment of Justice Heidi S. Levenson Polowin of the Superior Court of Justice, dated July 5, 2012.
APPEAL BOOK ENDORSEMENT
1On the appeal, the appellants no longer contest the validity of the mortgage. The only issues raised concern approximately $315,000 for which the appellants claim were not shown to have been advanced by the respondent or having been made before the mortgage was signed, were not advanced under the mortgage. We could not give effect to these submissions. We agree with the motion judge that there is no requirement that the mortgagee proved the source of the funds in the circumstances of this case. The evidence, particularly Mr. Murano’s own affidavit and cross-examination, demonstrate that he accepted that the funds were advanced under the mortgage.
2Accordingly, the appeal is dismissed with costs fixed at $20,000 inclusive of HST and disbursements.
