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the creditor took the position that her involvement in the case was unneces- sary. McIsaac points to a similar case where a court ordered that a finan- cial institution should provide a third- party creditor with mortgage discharge statements after the debtor had been examined and refused to produce the documents. The Ontario Superior Court ruling in the case of Echostar Communications Corp. v. Rodgers came after the lower court decision, but before the Court of Appeal ruling in Citi Cards. McIsaac notes that the lower court attention of the presiding judge but it was argued that it was distinguishable because Steven Rodgers had refused to provide the creditors with the informa- tion it sought, while his wife, who was also a debtor, could not be examined because she was in jail for contempt of court. In these circumstances, there was no other way to obtain the mortgage information needed to direct the sher- iff to take sale proceedings, so Justice Geoffrey Morawetz ordered the bank to provide a discharge statement. In Citi Cards, Blair left the door open TitlePlus_CL_Jan_10 12/15/09 10:00 AM Page 1 decision in Citi Cards was brought to the for courts to find that mortgage dis- charge statements could be shared with third-party creditors, who have been unsuccessful in obtaining that informa- tion by means of an examination in aid of execution. "There may well be situations where a financial institution could be ordered to make such infor- mation available," he stated. For this reason, it is too early to tell how much impact this case will have on banks and creditors, says Horodyski. "I don't think the story is complete yet because the particular fact situation in this case wouldn't cover all fact situations. It will be an evolving process." Freelance journalist and business writer Kevin Marron can be reached at kevin@ kevinmarron.com. Built just for you Together we have all the tools The TitlePLUS® your clients from title risks.1 you, through our legal services coverage2 Program works with you to help protect With the right tools we assist , by reducing the inconvenience of dealing with a loss as the result of an error or omission in your real estate transactions. To ensure your clients get the most comprehensive coverage in one policy, take a look at the TitlePLUS Program, your Bar-related® real estate partner! PROTECTION AS GOOD AS IT GETS 1-800-410-1013 1 titleplus.ca Please refer to the policy for full details, including actual terms and conditions. The TitlePLUS policy is underwritten by Lawyers' Professional Indemnity Company (LAWPRO®)/ Assurance LAWPRO®. Assurance LAWPRO is a registered name used in Québec by Lawyers' Professional Indemnity Company. Contact LAWPRO for brokers in Manitoba, Alberta and Québec. 2 Excluding OwnerEXPRESS® policies and Québec policies. ® TitlePLUS, the TitlePLUS logo, OwnerEXPRESS, LAWPRO and Assurance LAWPRO are registered trademarks of Lawyers' Professional Indemnity Company. ® BAR-RELATED Mark is a registered Mark of North American Bar Related Title Insurers used by LAWPRO under License. www.CANADIAN Lawyermag.com M A RCH 2011 23