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1834537 Ontario Inc. v. Harmaz

CanLII (Federation of Law Societies of Canada)
CanLII · Legal
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appealscanadacanadiancase-lawcourt-opinioncrossevidencemortgages
Decided: 2026-10-05. Docket: COA-25-CV-1442. Citation: 2026 ONCA 703 (CanLII). Procedure — Summary judgment — Procedural fairness — Cross-examination on affidavits — Whether appellants were denied procedural fairness on the summary judgment motion — Availability of notice of examination under the Rules — Failure to take formal steps to examine mortgage broker and ILA solicitor or inspect originals — Procedural unfairness rejected — Appeal dismissed | Evidence — Affidavit evidence — Authenticity of signatures — Forgery allegation — Whether there was a genuine issue requiring a trial on forged signatures — Reliance on affidavit filed by appellants stating they were misled — Motion judge entitled to find signatures were not forged — Evidence supported respondent’s position — Summary judgment
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