What is the result of a motion for summary judgment in a mortgage action brought by a plaintiff against the Owner?
Ontario, Canada
The following excerpt is from Citadel General Assurance Co. v. Iaboni, 2003 CanLII 28506 (ON SC):
If the plaintiff is correct that the original mortgage was merely extended, it should have judgment. If the defendants are correct in their characterization of the transaction between the plaintiff and the Owner as a renewal and if they are correct that the principles in Manulife v. Conlin apply, the plaintiff’s motion will fail and the defendants’ cross-motion will succeed.
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