Court of Appeal for Ontario

Date: 2025-09-19 Docket: COA-24-CV-1284

Panel: Thorburn, Coroza and Gomery JJ.A.

Between

Didier Pedaya and Ruth-Nissi Amani Appellants

and

261109 Ontario Inc. Respondent

Counsel

F.M. Sajid B. Hossain, for the appellants

David W. Dolson, for the respondent

Heard and Rendered

Heard and rendered orally: September 18, 2025

On appeal from: the judgment of Justice Kristin Muszynski of the Superior Court of Justice, dated November 12, 2024.

Reasons for Decision

[1] The appellant claims that the motion judge erred in proceeding by way of summary judgment and made palpable and overriding errors of facts and law.

[2] We do not agree.

[3] The appellants have adduced no grounds to support their position that this was not an appropriate case for summary judgment.

[4] The motion judge clearly and comprehensively set out the sequence of events and the alleged irregularities identified by the appellant, which the appellant claims are grounds for setting aside the mortgage agreement. All of the alleged irregularities involved third parties and not the respondent.

[5] Moreover, the appellants admit that they knew they were signing a mortgage; there was no mistake as to the nature and character of the document; there were no material issues of credibility, or alternative versions of facts in the material; the appellants' failure to take advantage of the right to cross-examine on affidavits filed is not a proper ground for appeal, and the appellants' reliance on other purported "irregularities" were properly considered by the motion judge to be insufficient grounds for avoiding summary judgment. This conclusion is entitled to deference.

[6] It is clear that all of the parties to a motion for summary judgment have an obligation to put their best foot forward, and there was no evidence adduced by the appellants to support the dismissal of the motion for summary judgment.

[7] For these reasons, the appeal is dismissed with costs to the respondent in the amount of $6,000 all inclusive.

Thorburn J.A.

S. Coroza J.A.

S. Gomery J.A.