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Motion to stay mortgage enforcement and amend claim dismissed due to unmeritorious arguments.
The self-represented plaintiff sought to amend her statement of claim and obtain an interlocutory injunction to stay the enforcement of a mortgage on her property.
The mortgage had matured, was not renewed, and remained unpaid for over 18 months.
The defendant mortgagee was already in lawful possession of the property and attempting to sell it.
The court dismissed the motion for leave to amend the claim because the proposed amended statement was improperly formatted.
The court also dismissed the motion for a stay, finding no serious issue to be tried regarding the defendant's right to enforce the mortgage, no irreparable harm since the loss of property was a contracted consequence of default, and that the balance of convenience favoured the defendant.
Summary judgment granted on an uncontested commercial loan guarantee.
The plaintiff brought a summary judgment motion to enforce a guarantee securing a $9 million commercial loan after the borrowers defaulted and the guarantors failed to pay on demand.
The defendants filed no evidence and did not attend the hearing.
Applying the Hryniak summary judgment framework, the court held there was no genuine issue requiring a trial and that the uncontested record established the guarantors' clear contractual liability for principal, interest, and enforcement costs.
Judgment was granted for $9,126,162.71, prejudgment and post-judgment interest as stipulated, and substantial indemnity costs.
