Native People of Thunder Bay Development Corporation v. The Estate of Skillen, 2026 ONSC 1187

Endorsement on Without Notice Application to Discharge a Mortgage

1At the return of this application on February 19, 2026, I granted the application and indicated written reasons would follow with respect to my decision. Here are those reasons.

2Native People of Thunder Bay Development Corporation (the "Applicant") is a corporation incorporated in Ontario, operating in the City of Thunder Bay, in the District of Thunder Bay, The Applicant is the registered owner of real property legally described as LT 102 PL W167 NEEBING ADDITIONAL; THUNDER BAY, identified using PIN 62067-0038 (LT), and municipally known as 551 Wiley Street, Thunder Bay, Ontario (the "Property"). The Applicant purchased the Property August 13, 1980 from William Lawrence Bishop and Patricia Hazel Wooldridge (the “Prior Owners”). The Prior Owners had granted a mortgage to Mary Ann Skillen in the amount $4,400 in October 1965 registered on title to the Property as Instrument OFW52129 (the “Mortgage”). Mary Ann Skillen died in 1985. She had a will for which Letters of Administration with will were issued in 1985. Mary Ann Skillen’s brother Raymond Skillen was the Estate Trustee. Mr. Skillen died in 1996. An estate trustee for Mr. Skillen died in 2006. One of the Prior Owners, Mr. Bishop, died in 2022.

3The Applicant applies to have the Mortgage discharged from title to the Property.

4I am satisfied on the material filed that any claim of the Respondent is statute barred by the operation of section 4 of the Real Property Limitations Act R.S.O. 1990 c. L 15 (the “RPLA”). When the Property was transferred to the Applicant, the Prior Owners represented that the Property was being transferred free and clear of any encumbrances. From that evidence, I find it reasonable to conclude that given that some 15 years had passed since the date the Mortgage was first registered on the Property, that indeed all monies had been paid which were due and owing under the Mortgage. Further, I find that as the mortgagee has died, and it appears that all monies due under the mortgage have been paid, that section 12(8) of the Mortgages Act R.S.O. 1990 c. M.40 is engaged. I am satisfied on the material filed that a discharge cannot be obtained without undue delay.

5As the Mortgages Act is remedial legislation that should be liberally interpreted (Re Armstrong [2024] O.J. No. 5433 at para. 8), I find that balancing the equities in this matter militates in favour of exercising my discretion in favour of granting the application. I therefore order that the mortgage be discharged from title to the Property without the necessity of any further payments being made by the Applicant to the Respondent or into court on account of the Mortgage as no monies are due and owning and any claim on the Mortgage is statute barred.

6Further, I agree with the submissions of the Applicant that it is in the interest of justice that service of this application on the Respondent be dispensed with.

7Order to go as per draft filed.

The Hon. Mr. Justice F.B. Fitzpatrick

DATE: February 25, 2026

v. The Estate of Skillen, 2026 ONSC 1187