Court of Appeal for Ontario

Date: 2024-02-06 Docket: M54687 (COA-23-CV-0583)

Before: Benotto, Roberts and Sossin JJ.A.

Between:

Daniel Margel, Dr. Daniel Margel Medicine Professional Corporation, Lilia Borshiov, Regard Investments Ltd., Rojocan Inc., and Larry Koltun Plaintiffs/Defendants by counterclaim (Respondents)

And:

Juleth Dawson Defendant/Plaintiff by counterclaim (Appellant)

Counsel:

Juleth Dawson, acting in person, but not appearing Doug Bourassa and Annie (Qurrat-ul-ain) Tayyab, for the respondents

Heard and released orally: February 2, 2024

Reasons for Decision

[1] This is a panel review of the order of a single judge of this court. The appellant advised court staff that she would not be appearing today. As a result, with the consent of the respondents, this appeal proceeded on the basis of the written materials.

[2] The appeal concerns the amount owing on an unpaid mortgage loan.

[3] In July 2023, Doherty J.A. dismissed the appellant’s motion for a stay of execution and granted possession of the property to the respondent. The respondent executed a Writ of Possession and is now in possession of the property.

[4] The appellant then moved again for an order restoring possession of the property to her. On November 16, 2023, Doherty J.A. dismissed the motion.

[5] The appellant has not been able to raise funds despite having received “one final indulgence” to refinance. She has not paid the funds owing under the mortgage and has no basis to retain possession of property pledged as security.

[6] We see no basis to interfere with the order of Doherty J.A.

[7] The motion is dismissed with costs payable to the respondent in the amount of $1,500.00 inclusive of disbursements and applicable taxes.