Cuna of Ont. Credit v. 262654 Inv., (1984) 2 O.A.C. 236 (DC)

Judge:Van Camp, J.
Court:Superior Court of Justice of Ontario
Case Date:February 13, 1984
Jurisdiction:Ontario
Citations:(1984), 2 O.A.C. 236 (DC)
 
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Cuna of Ont. Credit v. 262654 Inv. (1984), 2 O.A.C. 236 (DC)

MLB headnote and full text

Cuna of Ontario Credit Union Ltd. v. 262654 Investments Ltd. and Lukovich

Indexed As: Cuna of Ontario Credit Union Ltd. v. 262654 Investments Ltd. and Lukovich

Ontario Divisional Court

Van Camp, J.

February 13, 1984.

Summary:

A mortgagee was granted judgment on a claim for the payment of two mortgages. The mortgagor requested a stay of execution based on a counterclaim. A master dismissed the application for a stay of execution. The mortgagor appealed.

The Ontario Divisional Court dismissed the appeal.

Execution - Topic 479

Stay of execution, second action pending - A mortgagee was granted a judgment on a claim for the payment of two mortgages - The mortgagor requested a stay of execution based on a counterclaim which arose out of the same mortgage loans - The Ontario Divisional Court affirmed the refusal of a master to grant a stay of execution - The Divisional Court referred to the relevant circumstances to be considered by a court in determining whether to grant a stay of execution - See paragraphs 8 and 9.

Cases Noticed:

Smov Industrie Ceramiche S.P.A. v. Sole Ceramic Importing Ltd. (1983), 32 C.P.C. 194, refd to. [para. 8].

Counsel:

F.P. Morrison, for the appellant, mortgagor;

R.S. Harrison, for the respondent.

This appeal was heard by Van Camp, J., of the Ontario Divisional Court. The decision of Van Camp, J., was delivered orally and was released on February 13, 1984.

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