How have the courts interpreted Rule 21 in a mortgage action?
Ontario, Canada
The following excerpt is from Cheung v. Li, 2006 CanLII 9595 (ON SC):
The plaintiff argues that if the defendants misrepresented that they would execute a subsequent mortgage, the court may find an equitable mortgage. The plaintiff points to no case law to support this position, but argues that a Rule 21 motion should not be granted merely because of the novelty of the action: Hunt v. Carey, 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959 (S.C.C.).
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