CIVIL PROCEDURE - Actions - Availability - Proceedings taken in wrong court or wrong procedure used

Law360 Canada (April 3, 2023, 1:23 PM EDT) -- Appeal by John and Rachel Munro from an order nisi granted by a master in a foreclosure proceeding. The petitioner was Capital Now Inc. (Capital Now) and the appellants were John and Rachel Munro. The dispute arose out of debts, guarantees and a mortgage relating to a lending and borrowing arrangement that spanned approximately 12 years between the parties. The parties’ relationship deteriorated during the summer and fall of 2020. Capital Now filed a foreclosure petition. A response to that foreclosure petition was filed. In addition, the appellants filed and served a notice of application seeking an order to cross-examine a Capital Now representative on his affidavit filed in support of the petition. Capital Now filed an application response opposing those orders. Both matters came before a master. As a result, the master granted an order nisi in favour of Capital Now against the property on which the mortgage was registered. He granted a six-month redemption period. The order also granted the petitioner personal judgment against the appellants for $7,458,911 based on their guarantees of monies owed by their company, Terra Nova Ventures Ltd. (Terra Nova) to the petitioner. The appellants appealed these orders....
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