Winters v. Hunking, 2017 ONCA 909

JurisdictionOntario
JudgeSharpe, Blair and Epstein JJ.A.
Citation2017 ONCA 909
Date27 November 2017
CourtCourt of Appeal (Ontario)
Docket NumberC63304
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15 practice notes
  • Court Of Appeal Summaries (April 25 - 29, 2022)
    • Canada
    • Mondaq Canada
    • May 2, 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)
    • Canada
    • Mondaq Canada
    • June 15, 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)
    • Canada
    • Mondaq Canada
    • June 15, 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)
    • Canada
    • Mondaq Canada
    • December 5, 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......
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11 cases
  • 2024 BCSC 1916,
    • Canada
    • January 1, 2024
    ...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,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • September 6, 2024
    ...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......
  • Martin v 11037315 Canada Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 28, 2024
    ...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......
  • Martin v. 11037315 Canada Inc.,
    • Canada
    • Court of Appeal (Ontario)
    • April 27, 2022
    ...the court's jurisdiction to set aside a judgment for foreclosure even following a sale, as confirmed in Winters v. Hunking, 2017 ONCA 909, at paras. [23]       In particular, Ms. Martin moved promptly to set aside the default judgment after learning of it,......
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6 firm's commentaries
  • Court Of Appeal Summaries (April 25 - 29, 2022)
    • Canada
    • Mondaq Canada
    • May 2, 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)
    • Canada
    • Mondaq Canada
    • June 15, 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)
    • Canada
    • Mondaq Canada
    • June 15, 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)
    • Canada
    • Mondaq Canada
    • December 5, 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

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