Korf v Canadian Mortgage Servicing Corporation
Kordel Korf
Law Firm / Organization
Willows Wellsch Orr & Brundige LLP
Law Firm / Organization
Miles Davison LLP
Lawyer(s)

Daniel Jukes

Canadian Mortgage Servicing Corporation
Law Firm / Organization
MLT Aikins LLP

Case Overview:
Canadian Mortgage Servicing Corporation (CMSC) sought to recover a loan personally guaranteed by Kordel Korf. Korf contested the claim, arguing it was statute-barred under The Limitations Act, SS 2004, c L-16.1.

Procedural History:
The Court of King’s Bench dismissed CMSC’s claim, finding it statute-barred. CMSC appealed, and the Saskatchewan Court of Appeal overturned the decision, holding the limitation period was extended by a forbearance agreement. Korf then applied for a re-hearing, citing an alleged reasonable apprehension of bias by Chief Justice Leurer, a former partner at a law firm representing CMSC.

Legal Issues:

  1. Statute of Limitations: Whether the forbearance agreement delayed the limitation period.

  2. Judicial Impartiality: Whether Chief Justice Leurer's prior association with CMSC’s law firm gave rise to a reasonable apprehension of bias.

Court’s Analysis and Decision:
The court rejected Korf’s bias claim, citing insufficient evidence to demonstrate a likelihood of bias. It emphasized the presumption of judicial impartiality and noted that Chief Justice Leurer had no personal involvement in the case while at the law firm. It further ruled that Korf raised the bias claim untimely.

Outcome and Costs:
The court dismissed Korf’s re-hearing application and upheld the original decision in CMSC’s favor. CMSC was awarded costs calculated in the usual way. The specific monetary value of costs was not detailed in the judgment.

Court of Appeal for Saskatchewan
CACV4161
Corporate & commercial law
Respondent