Summary: This case involves Juleth Dawson's appeal against a Superior Court judgment concerning the enforcement of a mortgage agreement. Dawson contested the calculation of interest due on the mortgage and sought reinstatement to the mortgaged premises with an opportunity to refinance at the corrected amount.

Key Points:

• Interest Calculation Dispute: Dawson argued for a reduction of the mortgage interest rate from the contracted 7.5% to 2%, citing the lender's failure to provide a timely mortgage statement.
• Court Findings: The Court of Appeal upheld the lower court's decision, rejecting the interest rate reduction. It noted the case of Cheung v. Moskowitz Capital Mortgage as distinguishable, where the interest rate was reduced due to the lender's failure to provide a mortgage statement intended to disadvantage the borrower.
• Mortgage Statement Delivery: The appeal court noted that even though a mortgage statement was not delivered before the mortgage matured, a Notice of Sale and subsequent discharge statement were provided, detailing the amounts owed.
• Refinancing and Payments: The court also observed that the absence of an initial mortgage statement did not impede refinancing opportunities and highlighted that Dawson made no payments since the mortgage matured four years prior.

Outcome: The appeal was dismissed with the court confirming the motion judge’s decision, ruling there was no merit to adjusting the contracted interest rate or other terms. Costs of the appeal were awarded to the respondents in the amount of $25,201.26.