COURT FILE NO.: CV-24-0069-0000 DATE: April 5, 2024

ONTARIO SUPERIOR COURT OF JUSTICE

B E T W E E N:

SOMMERS, Adriane Self-Represented, for the Applicant

- and -

SOMMERS-LEWIS, Damon Self-Represented, for the Respondent, not appearing

HEARD: April 5, 2024, by Video-Conference

REASONS FOR JUDGMENT

L. B. STEWART J.

[1] Application to compel sale of jointly owned home.

[2] The applicant, Ms. Sommers, is the mother of the respondent, Mr. Sommers-Lewis. Mr. Sommers-Lewis is currently 34 years old.

Procedural History

[3] This application was first heard on March 28, 2024. The respondent did not appear, despite being properly served.

[4] The application was adjourned to permit the applicant to file a further affidavit which contained her oral submissions made on March 28, 2204. The matters was adjourned to April 5, 2024 at 9am by Zoom. The endorsement specifically stated that a decision rendered on April 5.

[5] The applicant personally served her additional affidavit (dated March 28, 2024) and the March 28, 2024 endorsement on the respondent on March 30, 2024.

[6] The respondent did not attend on March 28, 2024, nor did he attend today. He did not file any materials.

Background Facts

[7] The parties purchased the property known municipally as 3145 Queen Frederica Drive, Suite 602, Mississauga, in October, 2017 for $290,000. The parties are both on title as joint tenants with rights of survivorship.

[8] The parties agreed to purchase the property together as Mr. Sommers-Lewis did not qualify for a mortgage and did not have the funds for the down-payment. The parties agreed to the following:

a. Ms. Sommers would pay the downpayment and co-sign the mortgage; b. Mr. Sommers-Lewis would take over the mortgage when it was renewed in 2022 (at the end of the five year term); c. Mr. Sommers-Lewis would repay the downpayment to Ms. Sommers if he sold the property; and d. Mr. Sommers-Lewis would repay funds paid by Ms. Sommers for repairs and renovations if the property was sold.

[9] Ms. Sommers paid the downpayment. She has also paid one-time expenses (such as realtor fees and legal fees for the sale) and ongoing expenses (such as ongoing repair and maintenance).

[10] The mortgage was renewed in the spring of 2022. At that time, Mr. Sommers Lewis still did not qualify for the mortgage, despite the agreement noted above. Ms. Sommers also learned that her son had amassed considerable credit card debt. The parties therefore took the following steps:

a. The mortgage was refinanced; b. Amortization was increased from 20 to 30 years; and c. Mortgage balance was increased by $38,223 in order to pay the debts of Mr. Sommers-Lewis.

[11] The 2022 mortgage was scheduled for renewal in June 2025. The parties planned to have Mr. Sommers-Lewis be qualified to take over the mortgage at that time.

[12] In 2023, Ms. Sommers learned that Mr. Sommers-Lewis had once again amassed debt on credit cards and he owed over $26,000 on the joint home equity line of credit which was tied to the property. As of February 7, 2024, the balance on the line of credit was $31,005.55.

[13] Although Mr. Sommers-Lewis was supposed to pay the monthly mortgage payment, he was not always able to do so and Ms. Sommers covered any shortfall.

[14] The affordability of the property was also impacted by the increase in condominium fees, which were $576.60 per month at the time of purchase in 2017 and had risen to $731.19 as of March, 2024.

[15] In August, 2023, Ms. Sommers the applicant informed her son that the property arrangements were not financially sustainable and she wished to sell the property to pay off the debts. The parties agreed that having the Mr. Sommers-Lewis buy out his mother’s interest was not possible as Mr. Sommers-Lewis would not qualify for a mortgage on his own.

[16] Ms. Sommers proposed several other viable housing options for her son. Mr. Sommers-Lewis has not taken any action to find alternate housing. Indeed, he has impeded the proposed sale in that he did not permit painters to access the unit.

[17] Ms. Sommers is concerned that there is additional debt mounting as she has received some missed payment notices for her son at her own home address (which not the subject property).

[18] Ms. Sommers’ uncontradicted evidence is that she can no longer afford to pay for this property given that Mr. Sommers-Lewis is in breach of all agreements regarding his financial contribution to the property. Ms. Sommers is concerned that, with the current financial trajectory of missed payments and debt accumulation, there is a risk of foreclosure or bankruptcy from which she could not recover.

[19] Ms. Sommers therefore seeks an order to sell the property. The application is granted.

Costs

[20] Ms. Sommers paid $2,153.18 in legal fees to have this application prepared. Ms. Sommers then represented herself on the application and made two appearances, giving detailed submmissions on the first appearance.

[21] Mr. Sommers-Lewis was given two opportunities to appear on this application and elected not to. The materials disclose that he refused to engage in any discussions with Ms. Sommers about this situation. Instead, he has elected to remain inert.

[22] Costs are awarded in the amount of $3,153.18, payable by Mr. Sommers-Lewis to Ms. Sommers. The costs may be paid from the proceeds of sale.

Orders Made

[23] I therefore make the following orders:

a. Ms. Sommers may sell the property municipally know as 3145 Queen Frederica Drive, Unit 602, Mississauga, Ontario, L4Y 3A7, being described as PT BLK F PL 784, PTS 11 to 15 PLR1; City of Mississauga (the “property”); b. Ms. Sommers may list the property for sale within 90 days with a licensed realtor of her choice; c. Ms. Sommers may list the property for sale without the consent of Mr. Sommers-Lewis. Ms. Sommers may also sign the listing agreement and any other documents required to sell the property, including an agree of purchase and sale; d. The requirement for the signature of Mr. Sommers-Lewis on any documents pertaining to the listing or sale of the property, including the transfer/deed pursuant to sections 2 and 3 of the Partition Act are dispensed with; e. Ms. Sommers-Lewis will cooperate with and will not impede or block any actions associated with the listing and sale process, including: preparing the property for listing, listing the preoprty, arranging and conducting showings and open houses; f. Mr. Sommers-Lewis will permit Ms. Sommers and/or her agents to access the property with 48 hours notice in order to prepare the property for listing; g. Mr. Sommers-Lewis will vacate the property within thirty days of an accepted offer; h. Mr. Sommers-Lewis will pay costs in the amount of $3,153.18, payable from the proceeds of the sale of the property; i. Judgement is granted for possession of the property to Ms. Sommers; j. Ms. Sommers has leave to issue a writ of possession against the property; k. Ms. Sommers is entitled to claim the following from the net proceeds of sale: i. Original cash deposit for purchase of property in the amount of $14,098.31; ii. Legal fees for original purchase of property in the amount of $1,195.75; iii. Bank and other fees for the original purchase and mortgage renewals in the amount of $2,238.14; iv. The amount of $38,223.75 representing the amount of the refinance payout made into the CIBC LOC 036567 on June 24, 2022; v. The balance on the CIBC LOC 9365637 as at the date of closing on the sale of the property; vi. Repair and maintenance costs in the amount of $17,2244.43 for the period 2018 to 2022; vii. Repair and maintenance costs for 2023 to present which is to be quantified by Ms. Sommers with evidence such as receipts; viii. Any other encumbrances related to the property; ix. Following all of the deductions noted above, the balance of the sale proceeds will be divided equally between the parties.

Draft Order

[24] At the conclusion of oral submissions on April 5, 2024, Ms. Sommers was asked to send a draft order in Word to the court. In reviewing the draft order, I note that it is a family law order and it should be in the civil file format.

[25] Ms. Sommers is welcome to resubmit a draft order to me through the Brampton trial coordinator’s office. The draft order should reflect the results noted above.

Laura B. Stewart J. Released: April 5, 2024