CIBC Mortgages Inc v Reina Flores

canada, canadian, case law, court opinion, canlii, mbca, 2026mbca54, 2026 mbca 54 (canlii), 2026, mbca, 54, (canlii), ai25-30-10280, 2026, contracts, mortgage agreement, renewal, whether mortgage required the respondent to renew when it became due, no contractual term obliging renewal found, appellant’s position that mortgage was in good standing rejected as irrelevant to right not to renew, summary judgment enforcing matured mortgage affirmed, appeal dismissed, procedure, summary judgment, irregularity, whether proceeding was a nullity because notice of motion was filed late, king’s bench rules, man reg 553/88, r. 2.01(1) relief for non, compliance, nunc pro tunc filing accepted where appellant had notice, no procedural unfairness shown, appeal dismissed, procedure, summary judgment, test, whether judge erred in applying summary judgment test given dispute over default and amount owing, deferential appellate review and palpable and overriding error standard, up, to, date evidence of amount owing accepted, no genuine issue requiring a trial established, appeal dismissed, contracts, costs, substantial indemnity, whether substantial indemnity costs were properly awarded under article 10.3 of the mortgage agreement, itemized bill accepted as fair, reasonable, disclosed and justified, conduct and compromise opportunity noted, costs awarded on substantial indemnity basis, appeal dismissed