Court of Appeal for Ontario

Date: 2018-12-20 Docket: C65657

Judges: Strathy C.J.O., Lauwers and Zarnett JJ.A.

Between

Appellants/Plaintiffs: Melissa Hart and Patricia Hart

and

Respondent/Defendant: Victoria Balice

Counsel

Appellant: Melissa Hart, acting in person

Respondent: Ashley Ferguson

Heard and released orally: December 18, 2018

On appeal from: The judgment of Justice Beth A. Allen of the Superior Court of Justice, dated July 13, 2018.

Reasons for Decision

[1] The appellant's claim, commenced in 2017, is that the respondent wrongfully issued and enforced a "lien" (apparently a writ of seizure and sale) against her property. The motion judge dismissed her claim on summary judgment for two reasons: 1) the claim was statute-barred because the appellant, by her own admission, was aware of the "lien" in 2009; and 2) the appellant provided no evidence that the alleged lien caused her any damage.

[2] The appellant has not demonstrated that the motion judge made any error in her assessment of the evidence. She concedes in this court that there was no evidence before the motion judge that the alleged lien was in any way connected with the sale of her property under a mortgage. Indeed, there is no evidence that the respondent benefitted in any way from the alleged lien.

[3] The motion judge's finding that the claim was time-barred was based on an admission in the appellant's reply, and the appellant has not demonstrated any error in that conclusion.

[4] For these reasons, the appeal is dismissed with costs to the respondent in the amount of $1,500, inclusive of disbursements and all applicable taxes.

"G.R. Strathy C.J.O."

"P. Lauwers J.A."

"B. Zarnett J.A."