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ARTICLE · 10 FEBRUARY 2023

Everest Finance Corporation v. Jonker, 2023 ONCA 87

Gardiner Roberts LLP
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Jonker had a mortgage over their home with Everest. They defaulted in making the required payments on the mortgage, and Everest commenced power of sale proceedings.

CanadaFinance and Banking
Zev Zlotnick
Zev Zlotnick
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Jonker had a mortgage over their home with Everest. They defaulted in making the required payments on the mortgage, and Everest commenced power of sale proceedings. Everest brought its motion for summary judgment, which was originally scheduled to be heard in May 2020 but, due to the intervention of the COVID-19 pandemic, the motion was only heard on December 10, 2021.

Jonker did not dispute that they had not made the required payments and summary judgement was granted in favour of Everest. Everest sought $412,834.81 due and owing on the mortgage.

As part of the award, the motion judge granted judgement for the principal amount, taxes, disbursements and other items. However, the motion judge reduced the interest arrears from $63,010.50 to $20,000. The motion judge stated that the increase in the interest arrears:

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