Shook v. Munro et al.

Shook v. Munro et al.

Absent a binding agreement, consideration or any act by the mortgagor to support an extension, voluntary forbearance by mortgagees does not interrupt the running of the Statute of Limitations (R.S.O., 1937, c.118, s.23); oral extensions are barred by the Statute of Frauds; the County Court order under the Landlord and Tenant Act was a nullity for lack of jurisdiction.

Citation
[1948] SCR 539
Parties
Plaintiff/appellant Executor of the Will of Sarah Catherine Shook, Deceased: Kenneth H. Shook; Defendant/respondent Executor of the Estate of Charlotte Dickson, Deceased: Gordon H. Munro; Defendant/respondent Executor of the Estate of Charlotte Dickson, Deceased: Laura Jane Davidson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 April 1948
Procedural Posture
Appeal / Supreme Court of Canada on Appeal From the Court of Appeal for Ontario
Outcome
Appeal allowed; judgment at trial restored.
Legal Topics
Mortgage, Statute of Limitations, Forbearance, Statute of Frauds, Testamentary Directions, Overholding Tenants, Possession, Foreclosure
Source Language
English
Property Law Limitation of Actions Equity Contract Wills and Probate Landlord and Tenant Mortgage Statute of Limitations +6 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 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Kenneth H. Shook

Plaintiff/appellant Executor of the Will of Sarah Catherine Shook, Deceased

Gordon H. Munro

Defendant/respondent Executor of the Estate of Charlotte Dickson, Deceased

Laura Jane Davidson

Defendant/respondent Executor of the Estate of Charlotte Dickson, Deceased

Procedural Posture

Appeal / Supreme Court of Canada on Appeal From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether voluntary forbearance by a mortgagee, absent a binding promise or act by the mortgagor, prevents the running of the Statute of Limitations (R.S.O., 1937, c.118, s.23)
  2. 2 Whether an oral agreement to extend the time for repayment of a mortgage is enforceable despite the Statute of Frauds (R.S.O., 1937, c.146, s.4)
  3. 3 Whether testamentary directions by mortgagees to postpone action bind their executors so as to interrupt limitation

Ratio Decidendi

Absent a binding agreement, consideration or any act by the mortgagor to support an extension, voluntary forbearance by mortgagees does not interrupt the running of the Statute of Limitations (R.S.O., 1937, c.118, s.23); oral extensions are barred by the Statute of Frauds; the County Court order under the Landlord and Tenant Act was a nullity for lack of jurisdiction.

Court Disposition

Appeal allowed; judgment at trial restored.

Orders

  • Appeal allowed and judgment at trial restored with costs.
  • Order made under the Overholding Tenants provisions of the Landlord and Tenant Act on June 16, 1944 is a nullity; costs to the appellant here and below.