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 (Canada) |
Case Date | May 11, 1984 |
Jurisdiction | Ontario |
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.
(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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