A reference was conducted to determine the amount owing under a mortgage following a prior order requiring the defendant to deliver vacant possession of the mortgaged property.
The self-represented defendant repeatedly attempted to adjourn the hearing and sought to introduce an unsigned accounting sheet purportedly prepared by a chartered accountant without complying with Rule 53.03 regarding expert reports.
The court excluded the document as impermissible expert evidence and rejected arguments that certain payments should reduce interest calculations differently, relying on the mortgage’s standard charge terms allowing the lender to apply payments after default in its discretion.
Based on the lender’s witness testimony and documentary evidence, the court determined the outstanding mortgage debt.
Costs were awarded to the lender on a solicitor-and-client basis pursuant to the mortgage terms.
