Maxwell v. Altberg

Maxwell v. Altberg

The motion judge correctly applied the Hryniak framework and, having found the appellant could not prove the alleged May 2010 payment and that the quality of evidence would not improve at trial, lawfully concluded the moving party satisfied the burden on summary judgment and that enforcement of the mortgage was statute‑barred; the appeal was therefore dismissed.

Citation
2023 ONCA 305
Parties
Plaintiff (respondent): Thomas Maxwell; Defendant (appellant): Pauline Altberg
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
28 April 2023
Procedural Posture
Civil Appeal / Appeal From Summary Judgment
Outcome
Appeal dismissed; summary judgment discharging the mortgage and dismissing the appellant's counterclaim affirmed.
Legal Topics
Summary Judgment, Limitation Period, Mortgage Enforcement, Onus of Proof, Hryniak Framework, Enhanced Fact‑finding
Source Language
English
Civil Procedure Property Law Limitations Summary Judgment Limitation Period Mortgage Enforcement Onus of Proof Hryniak Framework +1 more

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Parties

Thomas Maxwell

Plaintiff (respondent)

Pauline Altberg

Defendant (appellant)

Procedural Posture

Civil Appeal / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether enforcement of the mortgage is barred by s.23(1) of the Real Property Limitations Act
  2. 2 Whether summary judgment was appropriate where the sole contested factual issue was whether a $4,000 payment was made in May 2010
  3. 3 Whether the motion judge reversed the onus of proof on the limitation defence on summary judgment

Ratio Decidendi

The motion judge correctly applied the Hryniak framework and, having found the appellant could not prove the alleged May 2010 payment and that the quality of evidence would not improve at trial, lawfully concluded the moving party satisfied the burden on summary judgment and that enforcement of the mortgage was statute‑barred; the appeal was therefore dismissed.

Court Disposition

Appeal dismissed; summary judgment discharging the mortgage and dismissing the appellant's counterclaim affirmed.

Orders

  • Appeal dismissed
  • Summary judgment discharging the mortgage and dismissing the defendant's counterclaim affirmed