Court of Appeal for Ontario
Date: 2018-03-21 Docket: C64425 Panel: MacFarland, Huscroft and Nordheimer JJ.A.
Between
Manulife Bank of Canada Plaintiff (Respondent)
and
Marika Holden-Khan and Lutful Kabir Khan Defendants (Appellants)
Counsel
Lutful Khan, acting in person
Natalie Marconi, for the respondent
Heard and released orally: March 21, 2018
On appeal from: the judgment of Justice Hugh R. McLean of the Superior Court of Justice, dated October 6, 2017.
Reasons for Decision
[1] The appellant filed fresh evidence on his appeal from the judgment of McLean J. In our view most of the relevant material could have been put before the motion judge at the time.
[2] We note that the motion judge asked the appellant several times during the motion if he wished to file materials and he declined to do so.
[3] He acknowledged that he was in significant arrears of property taxes. The bank stepped in and paid those arrears as it was entitled to do and added that amount to the mortgage debt. Having done so, this caused the appellant to exceed his authorized credit limit which constituted a default as did the non-payment itself under the terms of the mortgage.
[4] We are not persuaded there is any basis on the record for any of the other defences raised. There is no basis for this court to interfere with the summary judgment granted by McLean J. and the appeal is dismissed. Costs to the respondent fixed in the sum of $20,000 inclusive of HST and disbursements.
J. MacFarland J.A.
Grant Huscroft J.A.
I.V.B. Nordheimer J.A.