MCAP Service Corporation v. Schonlaub

MCAP Service Corporation v. Schonlaub

The appeal was dismissed because the motion judge correctly concluded there was no merit to the appellant's grounds, many issues were not raised below, and the appellant had not paid the mortgage such that summary judgment and associated relief were properly granted.

Citation
2013 ONCA 564
Parties
Plaintiff (respondent): MCAP Service Corporation; Defendant (appellant): Renate Schonlaub
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
13 September 2013
Procedural Posture
Collection Mortgage Enforcement / Appeal From Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Writ of Possession, Statement of Arrears, Joinder of Parties, Costs, Appeal Review Standard
Source Language
English
Civil Mortgage Property Civil Procedure Summary Judgment Writ of Possession Statement of Arrears Joinder of Parties +2 more

Case Brief

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Parties

MCAP Service Corporation

Plaintiff (respondent)

Renate Schonlaub

Defendant (appellant)

Procedural Posture

Collection Mortgage Enforcement / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether summary judgment ordering payment of mortgage debt was properly granted
  2. 2 Whether respondent failed to provide a statement of arrears
  3. 3 Whether the motion judge erred by not adding the appellant's spouse as a party

Ratio Decidendi

The appeal was dismissed because the motion judge correctly concluded there was no merit to the appellant's grounds, many issues were not raised below, and the appellant had not paid the mortgage such that summary judgment and associated relief were properly granted.

Court Disposition

Appeal dismissed

Orders

  • Appellant ordered to pay respondent $355,241.08 pursuant to the mortgage (summary judgment of June 24, 2013 affirmed)
  • Appeal dismissed