The plaintiff mortgagee brought a motion for summary judgment seeking over $400,000 and possession of the defendant's property following a mortgage default.
The defendant disputed the quantum owed, arguing the plaintiff failed to provide payout statements and that the interest calculations were incorrect.
The court dismissed the motion, finding that the exact amount owed and the credibility of the parties constituted a genuine issue requiring a trial.
The court also declined to rule on the defendant's oral request to set aside deemed admissions from an unanswered Request to Admit, directing that a formal motion be brought.
