This is an appeal from a Superior Court decision regarding a mortgagee's attempt to take possession of a commercial property after default.
The appellants, mortgagees, attempted self-help possession by changing locks, which was met with resistance from the respondent, mortgagor.
The application judge dismissed the mortgagees' request for an order restraining the mortgagor and declaring them in possession, finding they did not act peaceably.
The Court of Appeal dismissed the appeal, affirming the application judge's factual findings and her application of the legal principles of peaceable possession, as clarified in Hume v. 11534599 Canada Corp., 2022 ONCA 575.
The court found no palpable and overriding error in the lower court's conclusion that the mortgagees failed to take peaceable possession.
