The appellant mortgagee sought to enforce a personal covenant against an individual who had assumed a mortgage from a corporate mortgagor.
The corporate mortgagor had waived the protection of the Limitation of Civil Rights Act, which generally restricts a mortgagee's recovery to the land itself.
The Supreme Court of Canada held that the individual was not bound by the corporate waiver as a 'successor or assign' under the Act.
The Court further found that the assumption agreement did not effect a novation, but the individual was nonetheless protected from personal liability by the statute.
