Hill v. Scotia Mortgage Corporation

Hill v. Scotia Mortgage Corporation

Because the appellant admitted the debts and provided no evidence to support his claim of a third-party loan or an arrangement with the respondent's employees, and because property tax arrears placed the mortgage into default, there was no genuine issue for trial; summary judgment enforcing the mortgage and line of credit and granting leave to issue a writ of possession was warranted and the counterclaim was properly dismissed for lack of evidence.

Citation
2015 ONCA 148
Parties
Defendant/appellant: Sedwick Hill; Defendant/appellant: Merville Hill; Plaintiff/respondent: Scotia Mortgage Corporation
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
5 March 2015
Procedural Posture
Collection / Appeal From Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Writ of Possession, Counterclaim, Costs
Source Language
English
Civil Mortgage Property Debt Collection Procedural Law Summary Judgment Writ of Possession Counterclaim +1 more

Case Brief

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Parties

Sedwick Hill

Defendant/appellant

Merville Hill

Defendant/appellant

Scotia Mortgage Corporation

Plaintiff/respondent

Procedural Posture

Collection / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether summary judgment was proper to enforce mortgage and line of credit debts
  2. 2 Whether there was a genuine issue requiring a trial given appellant's admissions and lack of supporting evidence for alleged payment arrangement
  3. 3 Whether property tax arrears and liens placed the mortgage in default permitting possession

Ratio Decidendi

Because the appellant admitted the debts and provided no evidence to support his claim of a third-party loan or an arrangement with the respondent's employees, and because property tax arrears placed the mortgage into default, there was no genuine issue for trial; summary judgment enforcing the mortgage and line of credit and granting leave to issue a writ of possession was warranted and the counterclaim was properly dismissed for lack of evidence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Summary judgment affirmed ordering payment of $365,045.75 under the mortgage and $20,686.86 under the line of credit