Court File and Parties

COURT FILE NO.: CV-22-00682312 DATE: 2022-06-29 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Victor Andrew Korotky and Eugene Kryshtalskyj, Applicants AND: Dmytro Martyniuk and Elizabeth May Martyniuk, Respondents

BEFORE: W.D. Black J.

COUNSEL: Graeme R. Oddy, for the Applicants

READ: June 29, 2022

Endorsement

[1] The applicants Victor Korotky and Eugene Kryshtalskyj bring this application for a declaration that the mortgage registered in the Land Registry Office for Toronto (No. 66) on June 29, 1961, as Instrument No. CY465097, against the property municipally known as 291 Rogers Road, York, Ontario, legally described as PT LT 332, PL1726 Twp of York LT 333 PL 1726 TWP OF YORK AS IN CY539522; PT LT 334 PL 1726 TWP OF YORK AS IN CY568087; TORONTO (YORK), City of Toronto and bearing PIN 21319-0061 (LT) (the “Property”), is no longer a valid charge, and for an Order discharging that mortgage.

[2] The applicants are co-owners of the Property, which has been used as an auto body repair shop at all material times.

[3] From June 28, 1971 to May 3, 2018, the Property was owned by Victor Korotky’s father, Gerald Korotky (“Gerald”), who was the sole owner of the Property.

[4] On May 3, 2018, Gerald transferred title to the Property from himself to Victor, Eugene and Gerald as joint tenants (the “Transfer”).

[5] The Transfer was a gift and undertaken for estate planning purposes. Gerald died on May 25, 2019. Eugene and Victor are the sole executors of Gerald’s estate, pursuant to his will.

[6] On March 12, 2020, as shown on the parcel register, Eugene and Victor registered a Survivorship Application, deleting Gerald as an owner and leaving Eugene and Victor as sole registered owners of the Property.

[7] There is a charge registered to the Property, specifically Instrument No. CY465097, which was registered on June 29, 1961. The Charge shows that prior to Victor becoming the owner of the Property, its former partial owners, Dmytro Martyniuk and Elizabeth May Martyniuk obtained a mortgage on their part of the Property from Pierina Pitton, in the amount of $3,850.00 with a maturity date of June 17, 1966. This mortgage (the “1961 Mortgage”) is the subject of this application.

[8] The applicants believe and have provided evidence strongly suggesting that the 1961 Mortgage was paid off in full, prior to June 10, 1968.

[9] The applicants have nonetheless made efforts to locate anyone having knowledge of the 1961 Mortgage, including wide-ranging and extensive searches for the mortgagees and the lawyers who acted on the 1961 Mortgage transaction. They have been unable to locate any living person with such knowledge.

[10] I am satisfied on the basis of the evidence provided by the applicants, that it is more likely than not that all money due under the 1961 Mortgage has been paid. There is also no reasonable prospect of the applicants being able to obtain a discharge from the mortgagees.

[11] Accordingly, I order, pursuant to section 12(8) of the Mortgages Act that the 1961 Mortgage be discharged. Order to go in the form provided by the applicants with their application record.

W.D Black J.

Date: June 29, 2022