Court of Appeal for Ontario

CITATION: Bonner v. Bonner, 2013 ONCA 290

DATE: 20130501

DOCKET: C55526

BEFORE: Rosenberg, Goudge and Tulloch JJ.A.

BETWEEN

Georgina Giglia Bonner

Plaintiff/Respondent

and

Francis Robert Bonner and Robert Alexander Bonner

Defendants/Appellant

COUNSEL:

Christopher J. Bittle, for the appellant

Margaret A. Hoy, for the respondent

HEARD: May 1, 2013

On appeal from the judgment of Justice C.A. Tucker of the Superior Court of Justice, dated April 26, 2012.

APPEAL BOOK ENDORSEMENT

[1] We agree with the trial judge. This was a collateral mortgage and the limitation period did not begin to run until the demand.

[2] Accordingly, the appeal is dismissed with costs fixed at $7500 inclusive of disbursements and HST.