Court of Appeal for Ontario
CITATION: Pearl Hospitality Inc. v. Ceballos, 2020 ONCA 672
DATE: 20201022
DOCKET: C67897
BEFORE: Huscroft, Nordheimer and Harvison Young JJ.A.
BETWEEN
Pearl Hospitality Inc.
Plaintiff (Respondent)
and
Danilo Ceballos and Emelin Ceballos
Defendants (Appellants)
COUNSEL:
Danilo Ceballos, acting in person
Inderbir S. Arora and Joga Chahal, for the respondent
HEARD: by video conference and released orally: October 20, 2020
On appeal from the judgment of Justice Grant R. Dow of the Superior Court of Justice, dated December 9th, 2019.
REASONS FOR DECISION
[1] The defendants appeal from the summary judgment granted by the motion judge on a mortgage debt. The appellants admit that the debt is outstanding but submit that there were fraudulent representations made by the appellants’ mortgage agent that led to the mortgage in the first place.
[2] The motion judge was aware of this issue but noted that those alleged fraudulent representations were the subject of a separate proceeding that the appellants had commenced and which was not before him.
[3] We agree with the motion judge that there was no reason to withhold dealing with the amount due under the mortgage because of that separate proceeding. The appellants have failed to show any error in the motion judge’s decision to grant summary judgment.
[4] The appeal is dismissed. The respondent is entitled to its costs of the appeal fixed in the amount of $7,500 inclusive of disbursements and HST.
“Grant Huscroft J.A.”
“I.V.B. Nordheimer J.A.”
“Harvison Young J.A.”