Winters v. Hunking,
| Jurisdiction | Ontario |
| Judge | Sharpe, Blair and Epstein JJ.A. |
| Citation | 2017 ONCA 909 |
| Date | 27 November 2017 |
| Court | Court of Appeal (Ontario) |
| Docket Number | C63304 |
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Start Your 7-day Trial
21 practice notes
-
Court Of Appeal Summaries (April 25 - 29, 2022)
...Ontario Inc. v. 6706037 Canada Inc., 2019 ONSC 4702 (Div. Ct.), Babbie v. Petryczka (1975), 8 O.R. (2d) 718 (C.A.), Winters v. Hunking, 2017 ONCA 909, Ontario Housing Corp. v. Ong, (1987), 58 O.R. (2d) 125 (H.C.), Corbor v. Oakshott (1913), 13 D.L.R. 528 (Alta. S.C.), Gowling Lafleur Hender......
-
Court Of Appeal Summaries (June 6, 2022 ' June 10, 2022)
...Property, Mortgages, Remedies, Foreclosure, Relief from Forfeiture, Civil Procedure, Default Judgments, Setting Aside, Winters v Hunking, 2017 ONCA 909, Intact Insurance Co. v Kisel, 2015 ONCA 205, Mountain View Farms Ltd. v McQueen, 2014 ONCA 194 Toronto-Dominion Bank v Overland R.N.C. Inc......
-
Court Of Appeal Summaries (June 6, 2022 ' June 10, 2022)
...Property, Mortgages, Remedies, Foreclosure, Relief from Forfeiture, Civil Procedure, Default Judgments, Setting Aside, Winters v Hunking, 2017 ONCA 909, Intact Insurance Co. v Kisel, 2015 ONCA 205, Mountain View Farms Ltd. v McQueen, 2014 ONCA 194 Toronto-Dominion Bank v Overland R.N.C. Inc......
-
Ontario Court Of Appeal Summaries (November 27 December, 1 2017)
...motion judge's refusal to grant a stay of enforcement of the amount of that loan. There were no costs of the appeal. Winters v. Hunking, 2017 ONCA 909 [Sharpe, Blair and Epstein John A. Tamming, for the appellant, Ray Harvey Hunking Tim Gleason and Rebecca Glass, for the respondents, John D......
Get Started for Free
14 cases
-
2024 BCSC 1916,
...to the Winters approach at para. 67 in Robertson A.J.'s reasons refers to the associate judge's earlier quote from Winters v. Hunking, 2017 ONCA 909 as follows: [40] A windfall in itself may not be dispositive of a motion to set aside a final order of foreclosure, but it remains an importan......
-
1055249 B.C. Ltd v Grace Mtn. Land Company, Ltd,
...to the Winters approach at para. 67 in Robertson A.J.'s reasons refers to the associate judge's earlier quote from Winters v. Hunking, 2017 ONCA 909 as follows: [40] A windfall in itself may not be dispositive of a motion to set aside a final order of foreclosure, but it remains an importan......
-
2025 BCSC 1494,
...can be considered in this analysis is whether the mortgagor will gain a windfall if the order absolute is granted: Winters v. Hunking, 2017 ONCA 909 at para. 40. 33 The Associate Judge never properly considered either branch of that test, let alone whether to exercise his residual discretio......
-
Martin v 11037315 Canada Inc.,
...order based on the particular circumstances of a case; • Gibson J. fully considered the relevant factors set out in Winter v. Hunking, 2017 ONCA 909 including: ○ Whether the set aside motion was made with reasonable promptness, ○ Whether there is a reasonable prospect of payment of the mort......
Get Started for Free
6 firm's commentaries
-
Court Of Appeal Summaries (April 25 - 29, 2022)
...Ontario Inc. v. 6706037 Canada Inc., 2019 ONSC 4702 (Div. Ct.), Babbie v. Petryczka (1975), 8 O.R. (2d) 718 (C.A.), Winters v. Hunking, 2017 ONCA 909, Ontario Housing Corp. v. Ong, (1987), 58 O.R. (2d) 125 (H.C.), Corbor v. Oakshott (1913), 13 D.L.R. 528 (Alta. S.C.), Gowling Lafleur Hender......
-
Court Of Appeal Summaries (June 6, 2022 ' June 10, 2022)
...Property, Mortgages, Remedies, Foreclosure, Relief from Forfeiture, Civil Procedure, Default Judgments, Setting Aside, Winters v Hunking, 2017 ONCA 909, Intact Insurance Co. v Kisel, 2015 ONCA 205, Mountain View Farms Ltd. v McQueen, 2014 ONCA 194 Toronto-Dominion Bank v Overland R.N.C. Inc......
-
Court Of Appeal Summaries (June 6, 2022 ' June 10, 2022)
...Property, Mortgages, Remedies, Foreclosure, Relief from Forfeiture, Civil Procedure, Default Judgments, Setting Aside, Winters v Hunking, 2017 ONCA 909, Intact Insurance Co. v Kisel, 2015 ONCA 205, Mountain View Farms Ltd. v McQueen, 2014 ONCA 194 Toronto-Dominion Bank v Overland R.N.C. Inc......
-
Ontario Court Of Appeal Summaries (November 27 December, 1 2017)
...motion judge's refusal to grant a stay of enforcement of the amount of that loan. There were no costs of the appeal. Winters v. Hunking, 2017 ONCA 909 [Sharpe, Blair and Epstein John A. Tamming, for the appellant, Ray Harvey Hunking Tim Gleason and Rebecca Glass, for the respondents, John D......
Get Started for Free