The appellants appealed from a summary judgment order granting judgment in favour of the respondents in two related actions concerning the sale of a property in Brampton.
The property was sold by the respondent Linda Hill to the appellant Fawzia Mary Mikhail with a vendor takeback mortgage.
The appellant Michael Mikhail guaranteed his mother's obligations under the mortgage.
The appellants defaulted on the mortgage beginning in May 2016, and the respondents issued a Notice of Sale.
The appellants sought to set aside the Notice of Sale and the respondents sought summary judgment.
The motion judge found a valid mortgage, proper notice of sale, and default since May 2016, and granted summary judgment.
The appellants argued they had missed only one payment by accident and quickly indicated willingness to correct the error, asserting the consequences were too severe.
The Court of Appeal dismissed the appeal, finding the motion judge's factual findings regarding the continuing default were supported by the record and that there was no evidence the default had been remedied.
