Canada Trust Company v. de Lima

The motion judge correctly found the appellants admitted default, there was evidence of longstanding default and corrected arrears calculations, and no evidence the respondent acted improperly; those factual findings were open to the motion judge on the evidence and justified dismissing the application to set aside the default judgment.

Citation: 2009 ONCA 508
Parties: Plaintiff (respondent): The Canada Trust Company; Defendant (appellant): Christine Ann de Lima; Defendant (appellant): Bryan de Lima
Court: Court of Appeal for Ontario
Jurisdiction: Canada
Judgment Date: 23 June 2009
Procedural Posture: Collection / Appeal From Motion Decision
Outcome: Appeal dismissed
Legal Topics: Default Judgment, Mortgage Arrears, Setting Aside Judgment, Costs
Source Language: English

Civil Mortgage Property Banking Default Judgment Mortgage Arrears Setting Aside Judgment Costs

Case Brief

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Full judgment text Legal principles 2 Party arguments 2 Amounts and remedies 1

Parties

The Canada Trust Company

Plaintiff (respondent)

Christine Ann de Lima

Defendant (appellant)

Bryan de Lima

Defendant (appellant)

Procedural Posture

Collection / Appeal From Motion Decision

Legal Issues

1 Whether the default judgment should be set aside for failure to prove the mortgage matured on September 1, 2008
2 Whether the respondent engaged in improper conduct (manipulation of mortgage terms, demanding exorbitant payments) sufficient to impede the appellants' sale of the property

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appeal dismissed
Respondent awarded costs for the appeal in the total amount of $3,000 inclusive of disbursements and G.S.T.