Cheung v Moskowitz Capital Mortgage

JurisdictionOntario
JudgeEM Morgan J.
Date27 February 2018
Docket NumberCV-18-591434 and CV-18-590532
Citation2018 ONSC 1322
CourtSuperior Court of Justice of Ontario (Canada)

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8 practice notes
  • Court Of Appeal Summaries (June 27-30, 2022)
    • Canada
    • Mondaq Canada
    • July 5, 2022
    ...235, Transport North American Express Inc. v. New Solutions Financial Corp., [2004] 1 S.C.R. 249, Cheung v. Moskowitz Capital Mortgage, 2018 ONSC 1322 Caledon (Town) v. Darzi Holdings Ltd., 2022 ONCA 513 Keywords: Civil Procedure, Orders, Contempt, Sentencing, Fines, Appeals, Interveners, I......
  • Elle Mortgage Corporation v. Sihota,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 5, 2021
    ...is onerous and unusual. They cite in support of that proposition the decision of Justice Morgan in Cheung v Moskowitz Capital Mortgage, 2018 ONSC 1322 (CanLII) and the earlier decision of Sloan J. in Romano v Sills, 2017 ONSC 6367 [20] In the two cited cases, there were existing signed comm......
  • 2257573 Ontario Inc. v. Furney et al,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 14, 2020
    ...quarter of 2017, being 0.8 percent. [85] In support of that submission, he relied on the case of Cheung v. Moskowitz Capital Mortgage, 2018 ONSC 1322, 87 R.P.R. (5th) 89. In that case, the mortgagors convinced the court that the mortgagee had manipulated the mortgage by attempting to create......
  • Raki Holdings Inc. v. Lionheart Enterprises Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 19, 2020
    ...v. Hrynew, 2014 SCC 71. [26]           In Cheung v. Moskowitz Capital Mortgage, 2018 ONSC 1322, Morgan J. dealt with a case involving mortgage interest after maturity.  As he stated at paragraph I therefore conclude that the faires......
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7 cases
  • Elle Mortgage Corporation v. Sihota
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 5, 2021
    ...is onerous and unusual. They cite in support of that proposition the decision of Justice Morgan in Cheung v Moskowitz Capital Mortgage, 2018 ONSC 1322 (CanLII) and the earlier decision of Sloan J. in Romano v Sills, 2017 ONSC 6367 [20] In the two cited cases, there were existing signed comm......
  • 2257573 Ontario Inc. v. Furney et al
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 14, 2020
    ...quarter of 2017, being 0.8 percent. [85] In support of that submission, he relied on the case of Cheung v. Moskowitz Capital Mortgage, 2018 ONSC 1322, 87 R.P.R. (5th) 89. In that case, the mortgagors convinced the court that the mortgagee had manipulated the mortgage by attempting to create......
  • Raki Holdings Inc. v. Lionheart Enterprises Inc.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 19, 2020
    ...v. Hrynew, 2014 SCC 71. [26]           In Cheung v. Moskowitz Capital Mortgage, 2018 ONSC 1322, Morgan J. dealt with a case involving mortgage interest after maturity.  As he stated at paragraph I therefore conclude that the faires......
  • Margel v Dawson
    • Canada
    • Court of Appeal (Ontario)
    • April 16, 2024
    ...to deliver a mortgage statement. 3 The motion judge was entitled to consider the decision in Cheung v. Moskowitz Capital Mortgage, 2018 ONSC 1322, 87 R.P.R. (5th) 89 to be distinguishable. As explained by this court in 2257573 Ontario Inc. v. Furney, 2022 ONCA 505, at paras. 17-18, the disc......
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1 firm's commentaries
  • Court Of Appeal Summaries (June 27-30, 2022)
    • Canada
    • Mondaq Canada
    • July 5, 2022
    ...235, Transport North American Express Inc. v. New Solutions Financial Corp., [2004] 1 S.C.R. 249, Cheung v. Moskowitz Capital Mortgage, 2018 ONSC 1322 Caledon (Town) v. Darzi Holdings Ltd., 2022 ONCA 513 Keywords: Civil Procedure, Orders, Contempt, Sentencing, Fines, Appeals, Interveners, I......