Court of Appeal for Ontario

Date: 2025-10-16

Docket: M54347 (COA-23-CV-0551)

Panel: Tulloch C.J.O., Hourigan and Zarnett JJ.A.

Between

2505151 Ontario Inc. Plaintiff/Defendant by Counterclaim (Responding Party)

and

Alex Furney Defendant/Plaintiff by Counterclaim (Moving Party)

Counsel

Alex Furney, acting in person

Wolfgang Kaufmann, for the respondent

Heard and rendered orally: February 22, 2024

On review of the decision of Justice Trotter of the Court of Appeal for Ontario, dated May 29, 2023.

Reasons for Decision

[1] The moving party seeks to review the order of Trotter J.A. dated May 29, 2023, denying a stay of the enforcement of a mortgage, specifically, a stay of a writ of possession. We are satisfied that this motion is moot because the first mortgagee has since taken possession, the moving party has refinanced the property and now has retaken possession.

[2] Further, the underlying appeal has been dismissed by virtue of the order of MacPherson J.A. dated September 1, 2023, wherein he denied a motion to extend the time for perfection of the appeal. We understand that the moving party has concerns about fees related to the mortgage enforcement, those issues are not before us.

[3] The motion is dismissed. Costs are awarded to the respondent in the amount of $3,000 to be paid forthwith.

"M. Tulloch C.J.O."

"C.W. Hourigan J.A."

"B. Zarnett J.A."