Court Refuses to Allow Plaintiff to Sue to Recover Condo Sold 35 Years Ago

September 13th, 2015 by

In a decision released earlier this month, the Ontario Superior Court refused to re-open the matter of a women who lost her condominium by a Power of Sale. The only catch? The Power of Sale was executed in 1980, nearly 35 years ago.

The facts are straightforward but bear repetition. The Plaintiff, Gordette Gallion, purchased the condominium with her sister in 1976. They paid a sum of cash, as well as assumption of a legal mortgage provided by the defendant, and a take-back mortgage provided by the seller. Approximately two years later, the take-back mortgage was assigned to the vendor’s son. By all accounts, a number of the mortgage payments had gone unpaid in early 1980 and, as a result, the Plaintiff was evicted and the condominium was sold under Power of Sale.

Without any apparent precipitating event, the Plaintiff renewed her pursuit of her long-gone condominium and filed a statement of claim which, as the court noted, began with “In the name of God I will not file any Motion nor will I go to Court.” However, it appears that she did go to court, but that her efforts were unsuccessful. In the result, the Court held that the Plaintiff’s claims were clearly statute barred and thus could not succeed. The Court noted that under the Real Property Limitations Act, the limitation period for pursuing a claim in relation to real property is ten years from the date on which the cause of action arose, twenty-five less than in the instant case. In the result, the Court dismissed the Plaintiff’s action.

It appears, much to the Plaintiff’s credit, that she foresaw her failure at trial and apparently kept open the option of a further appeal. As the Court concluded its judgment:

[19]           The plaintiff notes in her submissions that she leaves judgment of those who inflicted evil upon her to the ultimate judge.  The plaintiff always remains at liberty to seek the assistance of a higher court.

Find the full text of the decision here.

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