Case information
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41585
Juleth Dawson v. Daniel Margel, Daniel Margel Medicine Professional Corporation, Lilia Borshiov, Regard Investments Ltd., Rojocan Inc. and Larry Koltun
(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) |
|---|---|---|
| 2025-05-02 | Close file on Leave | |
| 2025-05-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-02 | Judgment on leave sent to the parties | |
| 2025-05-01 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-23-CV-0583, 2024 ONCA 275, dated April 16, 2024, is dismissed. Dismissed |
|
| 2025-05-01 | Decision on motion to extend time to file and /or serve the leave application, See decision on application. | |
| 2025-04-15 | Correspondence received from, (Letter Form), Update his contact information. | Juleth Dawson |
| 2025-03-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-03-24 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2025-01-29 | Lower court order - e-filing, (Letter Form), CA Order, (Printed version filed on 2025-01-29) | Juleth Dawson |
| 2025-01-15 | Correspondence received from, (Letter Form), Providing an update regarding the CA Order, (Printed version due on 2025-01-22) | Juleth Dawson |
| 2025-01-15 | Correspondence received from, (Letter Form), (Printed version filed on 2025-01-15) | Juleth Dawson |
| 2025-01-06 | Correspondence received from, (Letter Form), (Printed version filed on 2025-01-06) | Juleth Dawson |
| 2024-12-20 | Correspondence received from, (Letter Form), CA Order Form, (Printed version filed on 2024-12-20) | Juleth Dawson |
| 2024-12-09 | Letter advising parties of an incomplete application for leave to appeal, sent by mail to the applicant on 2024-12-09 | |
| 2024-06-27 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2024-12-09, (Printed version filed on 2024-06-27) | Juleth Dawson |
| 2024-06-27 | Certificate (on limitations to public access), (Letter Form), Public Access to Information form, (Printed version filed on 2024-06-27) | Juleth Dawson |
| 2024-06-27 |
Application for leave to appeal, (Book Form), Missing: - CA Order (Rec'd 2025-01-29), Completed on: 2025-01-29, (Printed version filed on 2024-06-27) |
Juleth Dawson |
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 |
|---|---|---|
| Dawson, Juleth | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Daniel Margel, Daniel Margel Medicine Professional Corporation, Lilia Borshiov, Regard Investments Ltd., Rojocan Inc. and Larry Koltun | Respondent | Active |
Counsel
Party: Dawson, Juleth
This party is not represented by counsel.
Party: Daniel Margel, Daniel Margel Medicine Professional Corporation, Lilia Borshiov, Regard Investments Ltd., Rojocan Inc. and Larry Koltun
Counsel
151 Yonge Street, Suite 1500
Toronto, Ontario
M5C 2W7
Telephone: (416) 775-8827
FAX: (416) 863-0305
Email: dbourassa@torkin.com
Summary
Keywords
Mortgages — Whether an advantage was sought or prejudice suffered to justify the exercise of discretion to vary the interest payable under the mortgage — Whether there are conflicting decisions — Whether the lower courts erred.
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.
The respondents commenced an action to enforce their right to exercise a power of sale pursuant to a mortgage that they had registered on a property. The applicant is the mortgagor, and she requested a discharge statement in 2020, five days before the mortgage was due. As a result of the failure to deliver a discharge statement by April, the applicant says that the interest rate should be reduced from the interest rate of 7.5% set out in the contract, to the 2% rate in the Courts of Justice Act. The motion judge ordered the applicant to pay over $1.5 million to the respondents. The motion judge held that the respondents are entitled to possession of the property and, the interest owing on the mortgage shall be 7.5% as set out in the contract. The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
CV-20-648806
Respondents’ motion granted: respondents entitled to possession of the property
Appeal dismissed with fixed costs
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
Not available
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
Not available
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
Not available