Gilby v. Rowbotham

Gilby v. Rowbotham

The appeal was dismissed because the respondent established the mortgage and the appellant's default by documentary evidence including signed loan documents and evidence of independent legal advice, while the appellant's counterclaim advanced bald allegations unsupported by evidence and thus did not raise a genuine issue requiring trial; issuance of a supplementary endorsement without further submissions was not improper under the circumstances.

Citation
2020 ONCA 51
Parties
Plaintiff/defendant by Counterclaim (respondent): Nigel Gilby; Defendant/plaintiff by Counterclaim (appellant): Pansileta Rowbotham
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
27 January 2020
Procedural Posture
Civil Appeal / Court of Appeal Appeal From Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Counterclaim, Possession, Enforcement of Mortgage, Evidentiary Sufficiency
Source Language
English
Mortgage Civil Procedure Property Solicitor Client Relations Summary Judgment Counterclaim Possession Enforcement of Mortgage +1 more

Case Brief

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Parties

Nigel Gilby

Plaintiff/defendant by Counterclaim (respondent)

Pansileta Rowbotham

Defendant/plaintiff by Counterclaim (appellant)

Procedural Posture

Civil Appeal / Court of Appeal Appeal From Summary Judgment

Legal Issues

  1. 1 Whether summary judgment was appropriate for respondent's mortgage claim
  2. 2 Whether the appellant's counterclaim raised a genuine issue requiring a trial
  3. 3 Whether the motion judge's reasons were adequate

Ratio Decidendi

The appeal was dismissed because the respondent established the mortgage and the appellant's default by documentary evidence including signed loan documents and evidence of independent legal advice, while the appellant's counterclaim advanced bald allegations unsupported by evidence and thus did not raise a genuine issue requiring trial; issuance of a supplementary endorsement without further submissions was not improper under the circumstances.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs of the appeal