Law360 Canada ( July 25, 2023, 6:42 AM EDT) -- Motion by CIBC for orders dismissing or staying of action or striking out the statement of claim of Sutherland. The claims advanced by Sutherland related to the consequences of power of sale proceedings taken against his recreational property (the cottage) and his residential property (the home). CIBC was involved in the proceedings related to the cottage (the cottage sale action). CIBC held a first mortgage against the cottage. Other parties held a subordinate mortgage against the cottage that was cross-collateral to those parties’ mortgage against the home. In the midst of the cottage sale action, one of the subordinate mortgagees took an assignment of CIBC’s mortgage and CIBC discontinued that proceeding. CIBC subsequently commenced a collection action. Sutherland advanced a counterclaim in the collection action in which he claimed damages against CIBC for its alleged misconduct in the cottage sale action. The counterclaims were struck out as disclosing no reasonable cause of action or defence. The Court of Appeal dismissed Sutherland's appeal....