Betel et al. v. Lapcevich, Robertson, Lynden Investments Ltd. and Northern (Hamilton) Ltd., (1984) 3 O.A.C. 286 (DC)
|Court:||Superior Court of Justice of Ontario|
|Case Date:||May 11, 1984|
|Citations:||(1984), 3 O.A.C. 286 (DC)|
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.
Indexed As: Betel et al. v. Lapcevich, Robertson, Lynden Investments Ltd. and Northern (Hamilton) Ltd.
Ontario Divisional Court
May 23, 1984.
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.
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].
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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