1173928 Ontario Inc. v. 1463096 Ontario Inc.,

JurisdictionOntario
JudgeLauwers, Benotto and Nordheimer JJ.A.
Citation2018 ONCA 669
Date27 July 2018
CourtCourt of Appeal (Ontario)
Docket NumberC63357
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7 practice notes
  • Court Of Appeal Summaries (July 11, 2022 ' July 15, 2022)
    • Canada
    • Mondaq Canada
    • July 18, 2022
    ...L.5, s 99, Cranberry Cove Tower Inc. v. Monarch Trust Co., 2003 CanLII 14548 (Ont. S.C.), 1173928 Ontario Inc. v. 1463096 Ontario Inc., 2018 ONCA 669, Stanbarr Services Limited v. Metropolis Properties Inc., 2018 ONCA 244, Durrani v. Augier (2000), 50 O.R. (3d) 353, Belende v. Patel, 2009 C......
  • Ontario Court Of Appeal Summaries (July 23 – July 27, 2018)
    • Canada
    • Mondaq Canada
    • August 9, 2018
    ...v Sapient Canada Inc, 2018 ONCA 374, Damages, Mitigation, Civil Procedure, Applications 1173928 Ontario Inc. v. 1463096 Ontario Inc., 2018 ONCA 669 Keywords: Real Property, Mortgages, Power of Sale, Notices of Sale, Conveyancing, Mortgages Act, RSO 1990, c M 40, s. 22 and 31, Conveyancing a......
  • 2257573 Ontario Inc. v. Furney et al, 2020 ONSC 6002
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 14, 2020
    ...has complied with subsection (2). [66] The Court of Appeal’s recent commentary on s.22 in 1173928 Ontario Inc. v. 1463096 Ontario Inc., 2018 ONCA 669 at paras. 41-43 provides guidance on the issue of s.22 in the present 41 The purpose of s. 22(1) of the Mortgages Act (and also of s. 23(1), ......
  • Court Of Appeal Clarifies When Mortgagees Must Issue A New Notice Of Sale
    • Canada
    • Mondaq Canada
    • March 22, 2019
    ...articling student Jason Worobetz for his help in preparing this legal update. Footnote 11173928 Ontario Inc. v 1463096 Ontario Inc., 2018 ONCA 669 About Norton Rose Fulbright Canada LLP Norton Rose Fulbright is a global law firm. We provide the world's preeminent corporations and financial ......
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4 cases
  • 2257573 Ontario Inc. v. Furney et al,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 14, 2020
    ...has complied with subsection (2). [66] The Court of Appeal’s recent commentary on s.22 in 1173928 Ontario Inc. v. 1463096 Ontario Inc., 2018 ONCA 669 at paras. 41-43 provides guidance on the issue of s.22 in the present 41 The purpose of s. 22(1) of the Mortgages Act (and also of s. 23(1), ......
  • 2544176 Ontario Inc. v. 2394762 Ontario Inc.,
    • Canada
    • Court of Appeal (Ontario)
    • July 15, 2022
    ...The application judge stated that he was bound by this court’s decision in 1173928 Ontario Inc. v. 1463096 Ontario Inc., 2018 ONCA 669, 142 O.R. (3d) 1, (“117Ont”). He recognized that 117Ont was distinguishable on its facts – because that case involved self-deali......
  • Lakewoods Resort Developments, Inc. v. Frontenac Mortgage Investment Corporation,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 26, 2019
    ...respect to errors in a Notice of Sale.  Most recently, the Ontario Court of Appeal in 1173928 Ontario Inc. v. 1463096 Ontario Inc., 2018 ONCA 669, held "The law has generally required strict compliance with the legal requirements for the exercise of a power of sale. This is becaus......
  • Pavlovski v. Skrak,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 28, 2021
    ...is far less than the amount sought, making the Notice unreasonable in the circumstances: 1173928 Ontario Inc. v. 1463096 Ontario Inc., 2018 ONCA 669 at paras. 66-74. [24]        The applicant seeks punitive damages. In my view, the conduct of Branko, while......
3 firm's commentaries
  • Court Of Appeal Summaries (July 11, 2022 ' July 15, 2022)
    • Canada
    • Mondaq Canada
    • July 18, 2022
    ...L.5, s 99, Cranberry Cove Tower Inc. v. Monarch Trust Co., 2003 CanLII 14548 (Ont. S.C.), 1173928 Ontario Inc. v. 1463096 Ontario Inc., 2018 ONCA 669, Stanbarr Services Limited v. Metropolis Properties Inc., 2018 ONCA 244, Durrani v. Augier (2000), 50 O.R. (3d) 353, Belende v. Patel, 2009 C......
  • Ontario Court Of Appeal Summaries (July 23 – July 27, 2018)
    • Canada
    • Mondaq Canada
    • August 9, 2018
    ...v Sapient Canada Inc, 2018 ONCA 374, Damages, Mitigation, Civil Procedure, Applications 1173928 Ontario Inc. v. 1463096 Ontario Inc., 2018 ONCA 669 Keywords: Real Property, Mortgages, Power of Sale, Notices of Sale, Conveyancing, Mortgages Act, RSO 1990, c M 40, s. 22 and 31, Conveyancing a......
  • Court Of Appeal Clarifies When Mortgagees Must Issue A New Notice Of Sale
    • Canada
    • Mondaq Canada
    • March 22, 2019
    ...articling student Jason Worobetz for his help in preparing this legal update. Footnote 11173928 Ontario Inc. v 1463096 Ontario Inc., 2018 ONCA 669 About Norton Rose Fulbright Canada LLP Norton Rose Fulbright is a global law firm. We provide the world's preeminent corporations and financial ......

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