Court File and Parties
Court File No.: 627/20 Date: 20200616 Superior Court of Justice – Ontario
Re: Oliver Bock and Shirin Bock, Plaintiffs - and - Rami Madani and Caitlin Bock, Defendants
Before: S.T. Bale J.
Counsel: Mark Russell , for the plaintiffs No one appearing for the defendants
Heard: in writing.
Endorsement
Amended endorsement: The text of the original endorsement was amended on June 29, 2020 and the description of the amendment is appended.
[1] The plaintiffs hold a demand mortgage on the defendants’ home. The mortgage has been in default since December 9, 2019 when demand was made.
[2] The plaintiff Oliver Bock is the defendant Caitlin Bock’s father. The defendant Rami Madani is Caitlin’s husband.
[3] The defendants were served with the statement of claim on May 9, 2020. They have not served a statement of defence. The amount alleged to be due under the mortgage is $512,644.16; however, the claim is for possession, only.
[4] Pursuant to rule 18.01 of the Rules of Civil Procedure, the defendants would normally have been required to deliver a statement of defence within 20 days after service of the statement of claim. However, pursuant to O. Reg. 73/20 made under subsection 7.1(2) of the Emergency Management and Civil Protection Act, that requirement has been suspended:
Period of time, steps in a proceeding
- Any provision of any statute, regulation, rule, by-law or order of the Government of Ontario establishing any period of time within which any step must be taken in any proceeding in Ontario, including any intended proceeding, shall, subject to the discretion of the court, tribunal or other decision-maker responsible for the proceeding, be suspended for the duration of the emergency, and the suspension shall be retroactive to Monday, March 16, 2020.
[5] Pursuant to O. Reg. 106/20, the suspension period has been extended to September 11, 2020.
[6] On this motion, the plaintiffs ask that I exercise my discretion to require the defendants to deliver a statement of defence, notwithstanding the suspension.
[7] The defendants were served with the motion papers but have not responded. As a result, there is no evidence to contradict the evidence filed by the plaintiffs, no evidence of any connection between the Covid-19 pandemic and the defendants’ default under the mortgage, and no evidence of any detriment that would result, if I were to require that a statement of defence be delivered.
[8] In support of the motion, the plaintiffs filed affidavits sworn by Oliver Bock and his son Brandon Bock (Caitlin’s brother).
[9] The affidavit sworn by Oliver Bock establishes the following facts:
- that the mortgage is a demand mortgage, that demand was make on December 9, 2019 and that the defendants remain in default; and
- that the municipal taxes on the property are in arrears in the amount of $14,018.69.
[10] In his affidavit, Brandon Bock says that the last time he was inside the mortgaged property was approximately three months ago, at which time he observed:
- that wastewater had flooded the basement due to a sump pump backup in the mechanical room;
- that there were multiple holes in the drywall throughout the house;
- that there was a strong odour of urine throughout the entire main floor, as well as urine-stained wood flooring;
- that the gas fireplace in the living room had been improperly removed; and
- that the house was full of rotting garbage.
[11] Brandon also says that the last time he was at the home was on May 2, 2020, and that although he was unable to enter, the outside of the home was unkempt, and that there were broken windows and torn screens.
[12] When the plaintiffs’ evidence is considered together with the defendants’ failure to offer any evidence in response, it becomes clear that the plaintiffs should not have to wait until September, or longer, while their security wastes, for a statement of defence. The defendants will therefore be ordered to deliver a statement of defence within 20 days of the date of service of the order on them, failing which they may be noted in default.
[13] If the defendants are unable to afford a lawyer, they may be able to obtain assistance by calling Pro Bono Ontario’s Free Legal Advice Hotline: (855) 255-7256.
[14] There will be no order as to costs.
“S.T. Bale J.”
Date: June 16, 2020
Amendment made June 29, 2020:
Paragraph 11 of the endorsement was partially redacted for privacy reasons.