Case Analysis Questions: For each of the following questions provide a brief fact sheet, legal issues, and analysis.
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 favor 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 nor 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 defense succeed? Why or why not? Explain your response.

Answer rating: 100% (QA)

Solution Yes Mr and Mrs H can take the defense of Non Est Factum because the document si... View the full answer