When homeowners fall behind on their mortgage payments, lenders have the option of foreclosure. Judges have leeway to reach a decision that is equitable to the lender as well as sympathetic to the mortgagor. In Winters v. Hunking, the Court of Appeal overturned a default judgment ordering foreclosure.
The recent decision of the Court of Appeal for Ontario in Winters v Hunking, 2017 ONCA 909 provides an example of the court acknowledging that the mortgagor may have been within its strict legal rights to seek foreclosure on the appellant’s home, but finding that “special circumstances” made such a foreclosure unjust in the circumstances.[FN]
Winters v. Hunking, 2017 ONCA 909[FN] Commentary by Scott McGrath, Weir Foulds LLP available on Lexology: