The plaintiff, Michael Levinson, brought a motion for summary judgment to enforce a second mortgage against the defendant, Janina Joseph-Walker, due to her default on payments.
The mortgage matured in August 2022, and no payments had been made since May 2022.
The defendant argued for a stay of proceedings, citing ongoing fraud litigation against other parties involved in the mortgage transaction, but the plaintiff was not implicated in the alleged fraud.
The court, applying the Hryniak framework for summary judgment, found no genuine issue requiring a trial.
The defendant failed to file responding material or demonstrate a valid defence.
The court granted summary judgment, including possession of the mortgaged property and leave to issue a writ of possession, with a provision to hold in trust any sale proceeds otherwise owing to the parties involved in the alleged fraud.
