1396929 Ontario Inc. v. Valladares

1396929 Ontario Inc. v. Valladares

Appellants admitted executing the Second Mortgage and receiving funds; they produced no detailed, corroborating evidence to rebut the ILA certificate or to demonstrate fraud, undue influence, conflict of interest, or lack of comprehension; therefore no genuine issue required a trial and summary judgment for indebtedness and possession was properly granted, and the stay was lifted.

Citation
2026 ONCA 282
Parties
Plaintiff (respondent): 1396929 Ontario Inc.; Defendant (appellant): Lucia Valladares also known as Lucia Margartia Valladares; Defendant (appellant): Walter Valladares also known as Walter E. Valladares; Defendant (appellant): Leonides Valladares
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
20 April 2026
Procedural Posture
Collection / Appeal From Summary Judgment
Outcome
Appeal dismissed; stay of execution lifted; judgment for respondent affirmed
Legal Topics
Summary Judgment, Possession, Writ of Possession, Independent Legal Advice, Undue Influence, Language Barrier, Beneficial Ownership, Costs, Stay Pending Appeal
Source Language
English
Civil Property Mortgage Appeal Procedural Law Summary Judgment Possession Writ of Possession +6 more

Case Brief

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Parties

1396929 Ontario Inc.

Plaintiff (respondent)

Lucia Valladares also known as Lucia Margartia Valladares

Defendant (appellant)

Walter Valladares also known as Walter E. Valladares

Defendant (appellant)

Leonides Valladares

Defendant (appellant)

Procedural Posture

Collection / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the circumstances in which the appellants signed the second mortgage raised a genuine issue requiring a trial (allegations of coercion, deficient legal advice, conflict of interest, language barrier)
  2. 2 Whether allegations that a third party (Cristabel Valladares) was the beneficial owner of the property defeat the respondent's contractual remedies
  3. 3 Whether leave to issue a writ of possession and eviction was properly granted

Ratio Decidendi

Appellants admitted executing the Second Mortgage and receiving funds; they produced no detailed, corroborating evidence to rebut the ILA certificate or to demonstrate fraud, undue influence, conflict of interest, or lack of comprehension; therefore no genuine issue required a trial and summary judgment for indebtedness and possession was properly granted, and the stay was lifted.

Court Disposition

Appeal dismissed; stay of execution lifted; judgment for respondent affirmed

Orders

  • Appeal dismissed
  • Stay of execution lifted