MCC Mortgage Holdings Inc. v. Robinson

MCC Mortgage Holdings Inc. v. Robinson

The Court held the motion judge did not err: the appellant failed to demonstrate that lack of accommodation or denial of further adjournment created a triable issue or denied procedural fairness, the central issue of indebtedness under the mortgage was uncontested and supported by the record, and the summary judgment and costs award were therefore affirmed.

Citation
2025 ONCA 104
Parties
Plaintiff (respondent): MCC Mortgage Holdings Inc.; Defendant (appellant): Pethalee Michelee Robinson
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
12 February 2025
Procedural Posture
Civil Appeal From Mortgage Collection Summary Judgment / Court of Appeal Decision on Appeal From Summary Judgment
Outcome
Appeal dismissed; summary judgment for respondent affirmed; costs awarded to respondent.
Legal Topics
Summary Judgment, Duty to Accommodate Disabilities, Adjournment/peremptory Return Date, Procedural Fairness, Costs Award
Source Language
English
Civil Mortgage Procedure Administrative Law Costs Summary Judgment Duty to Accommodate Disabilities Adjournment/peremptory Return Date +2 more

Case Brief

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Parties

MCC Mortgage Holdings Inc.

Plaintiff (respondent)

Pethalee Michelee Robinson

Defendant (appellant)

Procedural Posture

Civil Appeal From Mortgage Collection Summary Judgment / Court of Appeal Decision on Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the appellant was denied a fair hearing because adequate accommodation was not provided for her visual impairment
  2. 2 Whether the motion judge erred in finding there were no triable issues and in granting summary judgment
  3. 3 Whether the motion judge properly denied the appellant's request for an adjournment and for leave to file a responding affidavit

Ratio Decidendi

The Court held the motion judge did not err: the appellant failed to demonstrate that lack of accommodation or denial of further adjournment created a triable issue or denied procedural fairness, the central issue of indebtedness under the mortgage was uncontested and supported by the record, and the summary judgment and costs award were therefore affirmed.

Court Disposition

Appeal dismissed; summary judgment for respondent affirmed; costs awarded to respondent.

Orders

  • Appeal dismissed
  • Summary judgment affirmed; respondent entitled to $1,191,727.94 plus interest under the mortgage