EQUITABLE BANK v TAYLOR

This Appeal arose from a Redemption Order granted by an Applications Judge in a mortgage foreclosure proceeding. The Appellant sought to introduce four new expert reports concerning the amount owing under the mortgage. This raised the issue of whether the Appeal should proceed by way of a de novo review, or on the record before the Applications Judge.

Justice Kuntz confirmed that Appeals from Applications Judges are governed by Rule 6.14 and reviewed for correctness on the record before them. A de novo review is only required if the proposed new evidence is relevant and material.

The proposed new evidence was neither relevant nor material. The expert reports addressed the amount owing under the mortgage, rather than the issue on Appeal, which was whether the respondents were entitled to foreclose. Justice Kuntz held that the Application Judge did not need to determine the precise amount owing under the mortgage to grant the Redemption Order. As a result, the Appeal proceeded on the existing record, on a correctness standard.