Case information
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36968
Mary Dom v. Sara Kloos
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-10-05 | Close file on Leave | |
| 2016-10-05 | Correspondence (sent by the Court) to, all parties, re: Cover Letter and Certificate of Taxation | |
| 2016-10-05 | Certificate of taxation issued to, Mr. Alfred Schorr | |
| 2016-10-05 | Decision on the bill of costs, in the amount of $1,212.84, Reg | |
| 2016-10-05 | Submission of the bill of costs, Reg | |
| 2016-09-15 | Bill of costs, filing fee to come - rec' Sept.20/2016, Completed on: 2016-09-20 | Sara Kloos |
| 2016-08-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-08-12 | Judgment on leave sent to the parties | |
| 2016-08-11 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C59757, 2016 ONCA 149, dated February 24, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2016-06-27 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-05-20 | Certificate (on limitations to public access) | Sara Kloos |
| 2016-05-20 | Book of authorities | Sara Kloos |
| 2016-05-20 | Respondent's response on the application for leave to appeal, Completed on: 2016-05-20 | Sara Kloos |
| 2016-04-22 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2016-04-22 | |
| 2016-04-22 | Book of authorities | Mary Dom |
| 2016-04-22 | Certificate (on limitations to public access) | Mary Dom |
| 2016-04-22 | Application for leave to appeal, Completed on: 2016-04-22 | Mary Dom |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Dom, Mary | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Kloos, Sara | Respondent | Active |
Counsel
Party: Dom, Mary
Counsel
227 Eagle Street East, Suite 200
Newmarket, Ontario
L3Y 1J8
Telephone: (905) 940-9252
FAX: (905) 940-5583
Email: alfred@schorrlaw.ca
Party: Kloos, Sara
Counsel
7050, Weston Road
Suite 610
Vaughan, Ontario
L4L 8G7
Telephone: (905) 850-6116
FAX: (905) 850-9146
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Mortgages – Laches – Validity of mortgage – Master concluding applicant’s mortgage was fraudulent conveyance and fraudulent preference and rejecting her defence based on laches – Whether the Court of Appeal for Ontario erred in failing to give effect to the “acquiescence” branch of laches – Whether Ontario courts have improperly required that the defendants in order to establish the defence of laches must establish both delay amounting to acquiescence and prejudice despite pronouncements of this Court.
The applicant’s son granted to the applicant a second mortgage on his residential property, allegedly in return for money she had advanced to him over the years. The applicant’s son also borrowed significant sums of money from the respondent and granted her mortgages on the same property. The respondent’s mortgage stood in third place on title, subordinate to a first mortgage to a bank and the applicant’s mortgage. The applicant’s son did not make any payment to the respondent on her mortgage.
The respondent sued the applicant’s son for possession and judgment with respect to the mortgage and obtained a default judgment against him. The property subject to the mortgage was sold soon after the judgment. To permit the sale, a judge of the Superior Court ordered a discharge of the two mortgages and payment of the funds in dispute into court, and referred the determination of mortgage validity to a master.
Lower court rulings
Ontario Superior Court of Justice
CV-10-409375
Motion dismissed
Court of Appeal for Ontario
C59757, 2016 ONCA 149
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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