Indexed as:
  Dow v. Montreal Trust Co.

Between
Peter William Dow, appellant (petitioner), and
Montreal Trust Company, respondent (respondent)

[1985] B.C.J. No. 2597
Vancouver Registry No. CA002773
69 B.C.L.R. 10

British Columbia Court of Appeal
Vancouver, British Columbia
Nemetz C.J.B.C., Seaton, Hinkson, Anderson and Hutcheon JJ.A.

Judgment: filed December 16, 1985.
(1 p.)

       Mortgages — Payment — Payment before maturity — Interest Act, R.S.C. 1970, c. I-18, s. 10.

       This was an appeal by the mortgagor from the dismissal of his application for payment and discharge of his mortgage pursuant to s. 10 of the Interest Act.

       HELD: The appeal was dismissed for the reasons given in Turner v. Royal Trust Corp.; see 86 DRS P70-117. The remedy of s. 10 of the Interest Act was not available to the mortgagor on an extension of the initial mortgage period.

Counsel:

W. Kosteckyj, for the respondent.
Peter William Dow, appearing in person.

       The judgment of the Court was delivered by

 1      HUTCHEON J.A.:— This appeal was heard on the same day as that of Turner v. Royal Trust Corporation of Canada. For the reasons given in that case, the appeal of the mortgagor, Peter William Dow, is dismissed.  The remedy of s. 10 of the Interest Act is not available to the mortgagor on an extension of the initial mortgage period.

HUTCHEON J.A.
NEMETZ C.J.B.C.
SEATON J.A.
HINKSON J.A.
ANDERSON J.A.

QL Update:  970327
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