Court of Appeal for Ontario

CITATION: Stoneridge Enterprises Ltd. v. Shrivastava, 2009 ONCA 825

DATE: 20091124

DOCKET: M37840 (C50558)

BEFORE: Weiler, Cronk and Rouleau JJ.A.

BETWEEN

Stoneridge Enterprises Ltd. and R.A. Cruse & Associates Ltd.

Plaintiffs (Respondents/Responding Parties)

and

Arun Kuma Shrivastava and Rita Shrivastava

Defendants (Appellant/Moving Party)

COUNSEL:

Arun K. Shrivastava, acting in person

Ross MacDonald, for the responding parties

Heard and released orally: November 6, 2009

On appeal from the judgment of Justice Kendra Coats of the Superior Court of Justice dated May 28, 2009 and on a motion to review the order of Justice MacFarland of this court dated July 22, 2009.

ENDORSEMENT

[1] Stoneridege took possession of and sold Mr. Shrivastava’s home for default of his mortgage payments. He is appealing the entitlement of Stoneridge to do so. On July 22, 2009, MacFarland J.A. dismissed Mr. Shrivastava’s motion to stay the writ of possession pending his appeal. We are reviewing her order.

[2] We are of the opinion that there are no grounds to set aside the order of MacFarland J.A. At the time that the writ of possession was obtained, it was undisputed that the mortgage was in default. The documents now relied on by Mr. Shrivastava to support the request that the writ of possession be set aside do not in fact establish a renewal of the first mortgage or any compromise by the first mortgagee of its position.

[3] Accordingly the motion is dismissed.

“Karen M. Weiler J.A.”

“Eleanore A. Cronk J.A.”

“Paul Rouleau J.A.”