The 78-year-old plaintiff, who suffers from Alzheimer's disease, sought an interlocutory injunction to prevent the defendant private lenders from enforcing a $500,000 high-interest mortgage registered against her home.
The plaintiff alleged the mortgage was unconscionable and procured through fraudulent misrepresentations by door-to-door salespeople.
The court granted the injunction, finding that the plaintiff only needed to show a serious question to be tried, but had in fact established a strong prima facie case of both unconscionability and fraudulent misrepresentation.
The court concluded the plaintiff would suffer irreparable harm if forced from her home, and the balance of convenience favoured protecting her interests pending trial.
