Success at the Ontario Court of Appeal

On April 18, 2023, Lockyer + Hein LLP’s Litigation Partner, J. David Keith was wholly successful at the Ontario Court of Appeal on a decision involving the test for summary judgment in accordance with Rule 20 of the Rules of Civil Procedure.

The Ontario Court of Appeal’s decision applied the seminal test in Hyrniak v. Mauldin, 2014 SCC 7 and upheld Justice Boswell’s decision at the initial ruling in June 2022: Maxwell v. Altberg, 2022 ONSC 3680.

The appeal, found at Maxwell v. Altberg, 2023 ONCA 305, also confirmed the Court’s position on enforcement of mortgages through Section 23(1) of the Real Property Limitations Act, R.S.O. 1990, c. L.15, which provides that no action to enforce a mortgage may be brought more than 10 years after the mortgage became due, unless there has been a payment made in the interim, or a written acknowledgment of the indebtedness.

Have you been impacted in a similar way? Contact J. David Keith, Partner at Lockyer + Hein LLP to learn more: / 905.452.7400 ext. 31


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