635967 Ont. Ltd. v. Thompson, [2004] O.T.C. 512 (SC)

MLB headnote and full text

Temp. Cite: [2004] O.T.C. TBEd. JN.053

635967 Ontario Limited, carrying on business as Sanco Builders (plaintiff) v. Ken Thompson, 755165 Ontario Inc., Terry Windrem, Ellas Holdings Inc., James O’Driscoll and Laurentian Trust of Canada Inc. (defendants)


Indexed As: 635967 Ontario Ltd. v. Thompson et al.

Court of Ontario

Superior Court of Justice

Marchand, J.

June 9, 2004.


This headnote contains no summary.

Brokers – Topic 4

General – Mortgage brokers – Defined – See paragraphs 15 to 18.

Brokers – Topic 2644

Liability of broker to principal – Mortgage brokers – Basis of liability – See paragraphs 1 to 62.

Brokers – Topic 2646

Liability of broker to principal – Mortgage brokers – Damages – See paragraphs 24 to 62.

Cases Noticed:

Advanced Realty Funding Corp. v. Bannink (1979), 12 R.P.R. 17 (Ont. C.A.), refd to. [para. 46].

Edmonds v. Hamilton Provident and Loan Society (1891), 18 O.A.R. 347 (C.A.), varying (1890), 19 O.R. 677 (Q.B.), refd to. [para. 48].

Manley v. London Loan Co. (1896), 23 O.A.R. 139 (C.A.), refd to. [para. 49].

Statutes Noticed:

Mortgage Brokers Act, R.S.O. 1990, c. M-39, sect. 1(1) [para. 16].

Authors and Works Noticed:

Marriott and Dunn, Practice in Mortgage Remedies in Ontario (5th Ed. 1991), vol. 2, p. 43-6 [para. 30].


Arnie Herschorn, for the plaintiff;

Jayne E. Hughes, for the defendants.

This action was heard on April 13, 16 and 19-21, 2004, by Marchand, J., of the Ontario Superior Court, who released the following decision on June 9, 2004.

Please note: The following judgment has not been edited.


635967 Ontario Ltd. v. Thompson et al.

[2004] O.T.C. 512 (SC)

Superior Court of Justice of Ontario
Reading Time:
18 minutes

Marchand, J.
: This action arises out of certain mortgage arrangements entered into between the plaintiff as mortgagor and the defendants as mortgagees; the action against Laurentian Trust of Canada Inc. having been discontinued prior to the trial.

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