The defendants brought a motion seeking several orders, including declaring the statement of claim a nullity due to alleged non-compliance with the Mortgages Act regarding suspension of enforcement rights and service of notice of sale, striking the statement of claim for insufficient material facts, discharging the mortgage upon payment of a specific amount into court, and ceasing rent collection.
The court dismissed all of the defendants' requests, finding that the plaintiff had complied with the Mortgages Act, the statement of claim was sufficiently pleaded, and the proposed discharge amount was unreasonable.
The court instead set out a higher, conditional amount for mortgage discharge, including costs and outstanding fees, which the defendants could pay to obtain a discharge and avoid further litigation.
The court also affirmed the plaintiff's right to collect rent based on the mortgage's assignment of rents clause.
