A mortgagee moved for summary judgment for possession of mortgaged property and dismissal of the mortgagors’ counterclaim alleging breach of the mortgage contract.
The mortgagors had fallen into default after a missed payment but attempted to cure the arrears through uncertified cheques, which the mortgagee refused to accept while insisting on certified cheques.
The court held that the mortgage provision requiring certified cheques applied only where a cheque had been returned NSF, which had not occurred beyond the initial missed payment.
With the mortgage account now brought into good standing, the court found no genuine issue requiring a trial regarding possession.
The action for possession and the counterclaim were both dismissed, and the mortgagors were ordered to pay partial indemnity costs.
