ResMor Trust Company v. Wlotzka

ResMor Trust Company v. Wlotzka

The mortgage contract unambiguously treated failure to pay the monthly instalments on their due dates as a default; the contractual acceleration clauses permitted ResMor to demand full repayment and seek possession; there was no evidence of unauthorized amendment to the charge nor any applicable breach of CPA rules; therefore summary judgment, acceleration, and leave to issue a writ of possession were properly granted and the appeal fails.

Citation
2012 ONCA 840
Parties
Plaintiff (respondent): ResMor Trust Company; Defendant (appellant): Michael Norbert Wlotzka; Defendant (appellant): Leslie Ann Wlotzka
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
29 November 2012
Procedural Posture
Civil Mortgage/possession / Appeal From Judgment Granting Summary Judgment and Possession (court of Appeal)
Outcome
Appeal dismissed; summary judgment and possession order upheld; costs awarded to respondent.
Legal Topics
Summary Judgment, Default, Acceleration, Possession, Rescission, Canadian Payments Association Rules, Mortgage Act S.24
Source Language
English
Mortgage Law Civil Procedure Property Law Enforcement of Security Summary Judgment Default Acceleration Possession +3 more

Case Brief

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Parties

ResMor Trust Company

Plaintiff (respondent)

Michael Norbert Wlotzka

Defendant (appellant)

Leslie Ann Wlotzka

Defendant (appellant)

Procedural Posture

Civil Mortgage/possession / Appeal From Judgment Granting Summary Judgment and Possession (court of Appeal)

Legal Issues

  1. 1 Whether mortgage payments in arrears vs default under the charge
  2. 2 Whether ResMor made unauthorized changes to the charge contrary to s.24 of the Mortgage Act
  3. 3 Whether alleged changes contravened the Canadian Payments Association Rules

Ratio Decidendi

The mortgage contract unambiguously treated failure to pay the monthly instalments on their due dates as a default; the contractual acceleration clauses permitted ResMor to demand full repayment and seek possession; there was no evidence of unauthorized amendment to the charge nor any applicable breach of CPA rules; therefore summary judgment, acceleration, and leave to issue a writ of possession were properly granted and the appeal fails.

Court Disposition

Appeal dismissed; summary judgment and possession order upheld; costs awarded to respondent.

Orders

  • Appeal dismissed
  • Summary judgment for ResMor Trust Company for payment under the charge