MORTGAGES - Equity of redemption - Mortgagee's rights - Limits

Law360 Canada (June 20, 2022, 9:47 AM EDT) -- Appeal by Ovelson from an order granting personal judgment against her, on grounds that equity required the judge to have considered her defences to the enforceability of the mortgage. In 2017, Ovelson entered into a contract to purchase a property (“Property”) from Laventure. Ovelson paid a $110,000 deposit and the balance was financed by a vendor take-back mortgage. Laventure died. Laventure’s estate executor carried out the sale of the Property to Ovelson, and the transaction was completed. The transaction and Land Title Office registration were carried out in Laventure’s name. Ovelson was fully informed of the situation, was represented by counsel, and participated in the transaction without objection. Probate was granted for Laventure’s estate. The Property was listed as an asset of the estate, which Ovelson later suggested was improper. Ovelson defaulted on the mortgage. The executor initiated a foreclosure proceeding. An order nisi was granted in the original foreclosure proceeding. This order included an order of personal judgment against Ovelson. Ovelson did not redeem the mortgage. The Court then made an order in the foreclosure proceeding in 2012. Ovelson did not appeal any of the orders made in the foreclosure proceeding. In 2020, Ovelson brought an application in the foreclosure proceeding to have the order nisi and subsequent orders and transactions declared a nullity and set aside. Her application was dismissed. Ovelson did not appeal the order dismissing her application....
LexisNexis® Research Solutions

Related Sections