Andreevskaia v. Satanovski

Andreevskaia v. Satanovski

The motion judge correctly concluded there was no genuine issue for trial, rejected the appellants' defences (gift, duress, lack of understanding, unconscionability), accepted the respondent's evidentiary accounting (Schedule A) as sufficient to determine quantum, and properly entered summary judgment enforcing the mortgage and promissory note, including possession and costs.

Citation
2018 ONCA 330
Parties
Plaintiff (respondent): Tatiana Andreevskaia; Defendant (appellant): Vitali Satanovski; Defendant (appellant): Lyudmyla Tereshchenko
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
4 April 2018
Procedural Posture
Civil Appeal From Summary Judgment / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Mortgage Enforcement, Promissory Note, Gifts Versus Loans, Duress, Unconscionability, Accounting and Quantum, Possession Orders, Costs, Security for Costs
Source Language
English
Civil Property Law Contract Law Equity Procedural Law Summary Judgment Mortgage Enforcement Promissory Note +7 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Tatiana Andreevskaia

Plaintiff (respondent)

Vitali Satanovski

Defendant (appellant)

Lyudmyla Tereshchenko

Defendant (appellant)

Procedural Posture

Civil Appeal From Summary Judgment / Court of Appeal Judgment

Legal Issues

  1. 1 Whether summary judgment was appropriate because there was no genuine issue for trial
  2. 2 Whether the monies advanced were loans or gifts
  3. 3 Whether the mortgage and promissory note were enforceable

Ratio Decidendi

The motion judge correctly concluded there was no genuine issue for trial, rejected the appellants' defences (gift, duress, lack of understanding, unconscionability), accepted the respondent's evidentiary accounting (Schedule A) as sufficient to determine quantum, and properly entered summary judgment enforcing the mortgage and promissory note, including possession and costs.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment granted in favour of the respondent confirmed
  • Respondent awarded $247,247.93 plus interest under the mortgage