Court of Appeal for Ontario

Citation: Scotia Mortgage Corporation v. Lockhart, 2012 ONCA 158 Date: 2012-03-14 Docket: C53858

Before: Goudge, Sharpe and Blair JJ.A.

Between:

Scotia Mortgage Corporation Plaintiff (Respondent)

and

Alison Elizabeth Lockhart and Colin McGregor Defendants (Appellant)

Counsel: Colin McGregor, appearing in person Onofrio Ferlisi, for the respondent

Heard: March 12, 2012

On appeal from the order of Justice C. William Hourigan of the Superior Court of Justice, dated May 12, 2011.

APPEAL BOOK ENDORSEMENT

[1] The appellant complains that no demand letter was received. However he and his spouse were fully aware of the arrears, he was added as a party to the proceeding when the respondent became aware of his existence, and was served with the statement of claim. There is no merit to this argument. Nor do we view the service of the statement of claim to be a fresh step during the protected period. The notice was served only after the statement of claim.

[2] The appellant also argues that he was entitled to notice under the Family Law Act when the action was commenced. We disagree. His existence was unknown then. He has since been added and cannot complain.

[3] Finally the appellant says his counterclaim should not have been dismissed. We disagree. We see no error in the reasons of the motion judge for doing so. Moreover we do not see that it discloses a cause of action.

[4] The appeal is therefore dismissed. Costs on a solicitor client basis fixed at $7500 inclusive of disbursements and applicable taxes.