The plaintiff mortgage syndicate brought a motion for summary judgment and to strike the defendants' statement of defence and counterclaim regarding a defaulted second mortgage.
The defendants, who had not made any payments, alleged unparticularized fraudulent behaviour by the plaintiffs' agents.
The court struck the statement of defence and counterclaim as they disclosed no reasonable defence or cause of action.
Finding no genuine issue for trial, the court granted summary judgment in favour of the plaintiffs and awarded full indemnity costs.
