Betel et al. v. Lapcevich, Robertson, Lynden Investments Ltd. and Northern (Hamilton) Ltd., (1984) 3 O.A.C. 286 (DC)

Judge:Southey, J.
Court:Superior Court of Justice of Ontario
Case Date:May 11, 1984
Jurisdiction:Ontario
Citations:(1984), 3 O.A.C. 286 (DC)
 
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Betel v. Lapcevich (1984), 3 O.A.C. 286 (DC)

MLB headnote and full text

Betel, Betel and Betel v. Lapcevich, Robertson, Lynden Investments Limited and Northern Performance (Hamilton) Ltd.

(No. 4374/82)

Indexed As: Betel et al. v. Lapcevich, Robertson, Lynden Investments Ltd. and Northern (Hamilton) Ltd.

Ontario Divisional Court

Southey, J.

May 23, 1984.

Summary:

Second mortgagees obtained judgment against Northern Performance on the covenant to pay in the second mortgage. Northern Performance appealed.

The Ontario Divisional Court dismissed the appeal.

Mortgages - Topic 1566

The mortgage - Signing of - Mortgagors - Persons liable - The Ontario Divisional Court affirmed that a party who signed a mortgage as mortgagor in trust with nothing further to explain the nature of the trust or limit his liability, was personally liable on the covenant to pay - See paragraph 7.

Cases Noticed:

Davis v. Sawkiw (1982), 38 C.R.(2d) 466, refd to. [para. 7].

Authors and Works Noticed:

Falconbridge on Mortgages (4th Ed. 1977), p. 428 [para. 7].

Counsel:

F.A. DeSantis, for the defendant/appellant, Northern Performance (Hamilton) Ltd.;

M.M. Steidman, Q.C., for the plaintiff/respondent.

This appeal was heard before Southey, J., of the Ontario Divisional Court on May 11, 1984, whose decision was delivered orally and released on May 23, 1984.

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