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Whelton Hiutin LLP Lawyer Daniel McConville Successful on Appeal Upholding Voiding of Signed Release

Whelton Hiutin LLP lawyer Daniel McConville was recently successful in an appeal upholding a decision voiding a signed release in a mortgage case. The case involved a motion prior to trial regarding the validity of a release signed by the mortgagor in favour of several mortgagees and related parties. The Court of Appeal upheld the decision declaring the release void as an unconscionable transaction notwithstanding independent legal advice. In particular the court focused on the parties’ agreement to argue a motion on a threshold issue, and rejected arguments relating to partial summary judgment or improper use of Rule 21 in those circumstances.  A copy of the decision, 2724582 Ontario Inc. v. Gold, 2025 ONCA 531, can be found here.