Patel v. 2811230 Ontario Ltd.

Patel v. 2811230 Ontario Ltd.

The Court held that the absence of the respondent's signature on the commitment letter did not invalidate the mortgage because the funds were advanced and the charge was registered, the appellants failed to present evidence of fraud or any genuine issue requiring a trial, and the motion judge correctly applied legal principles in granting foreclosure, payment and possession orders; thus the appeal was dismissed.

Citation
2025 ONCA 679
Parties
Plaintiff (respondent): Jay Patel; Defendant (appellant): 2811230 Ontario Ltd.; Defendant (appellant): Alisa Chaly; Defendant (appellant): The Corporation of the City of Niagara Falls; Defendant (appellant): 1000247710 Ontario Inc.; Defendant (appellant): AMB X Energy Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
1 October 2025
Procedural Posture
Collection (mortgage Foreclosure) / Appeal From Summary Judgment and Foreclosure Judgment (court of Appeal)
Outcome
Appeal dismissed
Legal Topics
Enforceability of Mortgage Commitment, Signature Requirement, Summary Judgment, Possession and Writ of Possession, Lease Rights Vs. Foreclosure
Source Language
English
Civil Mortgage Law Property Law Procedural Law Equity Enforceability of Mortgage Commitment Signature Requirement Summary Judgment +2 more

Case Brief

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Parties

Jay Patel

Plaintiff (respondent)

2811230 Ontario Ltd.

Defendant (appellant)

Alisa Chaly

Defendant (appellant)

The Corporation of the City of Niagara Falls

Defendant (appellant)

1000247710 Ontario Inc.

Defendant (appellant)

AMB X Energy Inc.

Defendant (appellant)

Procedural Posture

Collection (mortgage Foreclosure) / Appeal From Summary Judgment and Foreclosure Judgment (court of Appeal)

Legal Issues

  1. 1 Whether absence of lender's/signatory signature on the commitment letter invalidates the mortgage and its standard charge terms
  2. 2 Whether the appellants raised a genuine issue requiring a trial sufficient to defeat summary judgment
  3. 3 Whether a tenant's lease or occupancy bars foreclosure or possession orders

Ratio Decidendi

The Court held that the absence of the respondent's signature on the commitment letter did not invalidate the mortgage because the funds were advanced and the charge was registered, the appellants failed to present evidence of fraud or any genuine issue requiring a trial, and the motion judge correctly applied legal principles in granting foreclosure, payment and possession orders; thus the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to respondent fixed at $4,000 inclusive