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Mortgage Class Action

For more information you may send us an e-mail or call us at 1-866 474 1739


Mortgage Prepayment Class Actions

IMPORTANT NOTE:

This website has been developed to provide general information to potential class members on a number of class actions that have been commenced by Koskie Minsky LLP.

The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice.

The information collected about potential class members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you the client of Koskie Minsky LLP. The court will ultimately decide who will be included as a class member.


UPDATE

The appeals of the May 25, 2006, decision of Justice Macdonald were argued in the Divisional Court during the week of September 10, 2007.

The Divisional Court released its decision on December 18, 2007, and dismissed the appeals. The Reasons can be viewed here. The plaintiffs are now seeking leave to appeal to the Court of Appeal for Ontario.

To view the Notices of Motion for Leave to Appeal to the Court of Appeal please click on following links: We expect to have a decision on our motions for leave by June 2008. If we are successful in obtaining leave to appeal to the Court of Appeal, those appeals would be heard in 2009.

CASE SUMMARY

Koskie Minsky LLP, along with Paliare Roland Rosenberg Rothstein LLP, is class counsel in eight proposed class proceedings brought against the following financial institutions:
  • BMO Bank of Montreal
  • Bank of Nova Scotia
  • Canada Trust
  • Canadian Imperial Bank of Commerce
  • Laurentian Bank
  • London Life
  • National Bank
  • Toronto Dominion Bank
In each of the cases, it is alleged that mortgage holders who repaid their mortgages in full prior to maturity were overcharged in the prepayment penalties levied by the financial institution on discharge. In particular, it is alleged that the financial institution failed to credit the mortgage holders with the unused portion of the penalty-free prepayment rights prior to calculating the prepayment penalty. Most mortgages allow the mortgage holder to pay off between 10- 20% of the original principal amount of the mortgage, penalty-free, each year. It is alleged the failure to allow for the penalty-free prepayment prior to calculation of the prepayment penalty is a breach of the terms of the mortgage contracts, and has resulted in the class members being overcharged on the prepayment penalties levied by the defendants.


FOR MORE DETAILS: Frequently Asked Questions



For further information or for questions concerning this action, please contact us at 1-866-474-1739 or by e-mail at mortgageclass@kmlaw.ca.



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