Thursday, April 2, 2015

Mortgage Enforcement Actions Must Now Be Brought In Region Where Property Charged is Located

On March 31, 2015, rule 13.1.01 of the Ontario Rules of Civil Procedure is amended by adding the following new subrule (3):

Mortgage Claims

(3) In the case of an originating process, whether it is brought under Rule 64 (Mortgage Actions) or otherwise, that contains a claim relating to a mortgage, including a claim for payment of a mortgage debt or for possession of a mortgaged property, the proceeding shall be commenced in the county that the regional senior judge of a region in which the property is located, in whole or in part, designates within that region for such claims.

Stated more simply, mortgage enforcement actions must now be brought at one of the court locations in the judicial region where the property is located that is designated by the local regional senior judge.

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