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MCC Mortgage Holdings Inc. v. Robinson

Background:

  • Robinson appealed a summary judgment ordering her to pay $1,191,727.94 plus interest due on a defaulted mortgage.
  • The appeal was dismissed at the hearing, with reasons provided later.

Appellant’s Arguments:

  1. Denial of a Fair Hearing Due to Disability Accommodation Issues:

    • Robinson, who is essentially blind, argued she was not properly accommodated.
    • The summary judgment motion was adjourned twice at her request (Nov. 22, 2023 → Mar. 6, 2024 → Jun. 20, 2024).
    • She was referred to self-represented litigant resources.
    • She did not request a further adjournment based on disability during the hearing.
  2. Denial of Adjournment to File a Responding Affidavit:

    • She sought another adjournment to file an affidavit but was denied as she had already missed a court-ordered filing deadline.

Court’s Findings:

  • The motion judge considered and addressed her concerns.
  • The appeal did not raise any triable issues regarding her mortgage debt.
  • Robinson’s arguments focused on financial difficulties and her vision impairment, not a legal defence.
  • No legal error was found in the summary judgment decision.

Outcome:

  • Appeal dismissed.
  • Costs of $8,891.91 awarded to the respondent (full indemnity basis per mortgage terms).
Pethalee Michelee Robinson
Law Firm / Organization
Self Represented
MCC Mortgage Holdings Inc.
Law Firm / Organization
Gowling WLG
Lawyer(s)

Jeffrey Kukla

Court of Appeal for Ontario
COA-24-CV-0648
Real estate
$ 8,892
Respondent