The plaintiff, a third mortgagee, brought a motion for summary judgment against the mortgagor and two guarantors for possession and payment of a mortgage debt.
The defendants largely failed to respond.
The court dismissed the motion and the underlying claim without prejudice, finding that the statement of claim was entirely deficient and bore little resemblance to the confusing evidence presented.
The court noted significant issues with the claim, including the demand for unenforceable penalty interest and the reliance on a collateral mortgage that was not signed by the defendants or properly pleaded.
The plaintiff was granted leave to commence a fresh proceeding with a properly drafted statement of claim.
