CIBC MORTGAGES INC v LUCAS, 2012 ABQB 402
7.3: Summary Judgment (Application and decision)
The Plaintiff, CIBC Mortgages Inc (“CIBC”), applied for Summary Judgment on the basis that there was no genuine issue for Trial.
The Defendant became involved in a “straw buyer” mortgage fraud scenario where she would assume a high interest mortgage on another’s behalf in exchange for $5,000.00. The mortgage eventually went into default and CIBC commenced foreclosure proceedings against the Defendant. The Defendant claimed that she was not responsible for the mortgage deficiency because she was a victim of fraud perpetrated by CIBC’s agents. CIBC asserted that there was no evidence that its agents were involved in a fraud, and therefore there was no genuine issue to be raised at Trial.
Master Mason cited Canada (Attorney General) v Lameman, 2008 SCC 14 and Murphy Oil Co v Predator Corp, 2006 ABCA 69, in stating that the bar on a Motion for Summary Judgment is high, and that the party bringing a Motion for Summary Judgment bears the onus of showing no genuine issue for Trial.
Master Mason noted evidence of prior meetings amongst CIBC’s agents, representations from those agents, and falsified documents in her decision to dismiss the Application for Summary Judgment. There was evidence to support the fact that CIBC’s agents may have been involved in fraudulent activity, and this evidence raised several questions that needed to be determined at Trial.View CanLII Details