The Facts of a Case Heard by the Supreme Court

question 143

Essay

The facts of a case heard by the Supreme Court of Canada are as follows: Mr. and Mrs. H were induced to sign a mortgage in favour of M.C.R. Ltd. by Johnston, a man living with their daughter. Johnston led them to believe that the document was an unimportant amendment to an existing mortgage when, in reality, it was a second substantial mortgage on their home. Neither read the document or questioned it. When the payments were in arrears, the mortgagee took an action for foreclosure (to take their home). Mr. and Mrs. H. pleaded non est factum. Would this defence succeed? Why or why not?

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Definitions:

Allosteric Site

A site on an enzyme other than the active site, where binding of a molecule can change the enzyme's activity, often regulating its function.

Inhibitor

A substance that slows down or stops a chemical reaction or a biological process.

Chemical Processes

A series of chemical reactions or operations designed to bring about a specific chemical change or to produce a chemical product.

Equilibrium

A state in which opposing forces or influences are balanced, often related to chemical reactions reaching a state where the forward and reverse reaction rates are equal.