Manulife Bank of Canada v. Holden-Khan

Manulife Bank of Canada v. Holden-Khan

The fresh evidence was inadmissible because it could have been presented to the motion judge; the bank was entitled to pay the tax arrears and add them to the mortgage, which caused the appellant to exceed his authorized credit limit and constitute defaults; there was no record basis to disturb the summary judgment, so the appeal must be dismissed.

Citation
2018 ONCA 297
Parties
Plaintiff (respondent): Manulife Bank of Canada; Defendant (appellant): Marika Holden-Khan; Defendant (appellant): Lutful Kabir Khan
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
23 March 2018
Procedural Posture
Collection / Appeal From Superior Court Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Default Under Mortgage, Property Tax Arrears, Costs
Source Language
English
Civil Collections Mortgage Law Appeal Summary Judgment Default Under Mortgage Property Tax Arrears Costs

Case Brief

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Parties

Manulife Bank of Canada

Plaintiff (respondent)

Marika Holden-Khan

Defendant (appellant)

Lutful Kabir Khan

Defendant (appellant)

Procedural Posture

Collection / Appeal From Superior Court Summary Judgment

Legal Issues

  1. 1 Admissibility of fresh evidence on appeal
  2. 2 Whether mortgage default occurred due to bank paying tax arrears and addition to mortgage debt
  3. 3 Whether exceeding authorized credit limit constituted a contractual default

Ratio Decidendi

The fresh evidence was inadmissible because it could have been presented to the motion judge; the bank was entitled to pay the tax arrears and add them to the mortgage, which caused the appellant to exceed his authorized credit limit and constitute defaults; there was no record basis to disturb the summary judgment, so the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Summary judgment of McLean J. upheld