James A. Riewald

The appellant corporation brought an urgent motion for an order staying a decision refusing to set aside a default judgment, staying a writ of possession, and allowing it to repossess the property pending appeal.

The appellant's principal had already been evicted, rendering the stay of the writ moot.

Applying the RJR-MacDonald test, the court dismissed the request for repossession, finding the appellant failed to demonstrate irreparable harm or a strong case on the merits, and the balance of convenience favoured the respondent mortgagee who was at risk of losing his security.

The plaintiff bank brought a motion for summary judgment against the defendants for default on a mortgage, a line of credit, and a credit card.

The default arose after the defendants failed to pay property tax arrears, prompting the bank to pay the arrears and demand repayment.

The defendants argued they believed the bank was paying the property taxes from their mortgage payments, but provided no evidence to support this claim.

The court found no genuine issue requiring a trial, as the mortgage documents clearly did not include property taxes, and granted summary judgment in favour of the bank.