The Caisse Populaire de North Bay Limitée moved for summary judgment seeking possession of a mortgaged property due to default on two mortgages and dismissal of the defendant's counterclaim alleging oppressive conduct.
The defendant, Christi-Anne Marie Lafrance, disputed the validity and amounts of the mortgages, arguing they were stayed or discharged by her bankruptcy, and that the Caisse engaged in oppressive conduct.
The court granted leave to amend the plaintiff's name to Caisse Populaire Alliance Limitée, granted summary judgment on the Caisse's claim, and dismissed the counterclaim, finding no genuine issue for trial.
The court clarified that secured debts are not stayed or discharged by bankruptcy if the debtor continues to benefit from the contract.