Kamaree Sweetland

The plaintiff brought a motion for an extension of time to serve the statement of claim and for substituted service.

The court noted a previous error regarding the monetary jurisdiction, acknowledging the claim exceeded the Small Claims Court limit.

The court granted the extension of time for service and ordered substituted service by regular and registered mail.

The plaintiff brought a motion for substituted service of a statement of claim for an unpaid debt.

The court noted that the amount claimed was within the financial limits of the Small Claims Court and the defendant resided outside the jurisdiction where the action was brought.

Citing previous jurisprudence, the court raised concerns that suing out-of-jurisdiction defendants in the Superior Court for Small Claims amounts may constitute an abuse of process.

The court directed the plaintiff to provide written submissions on why the action should not be transferred to the Small Claims Court before deciding on the motion for substituted service.

The plaintiff bank brought a motion for summary judgment against the defendant arising from a mortgage default.

The defendant admitted liability in her statement of defence, citing a failure to obtain financing from a third-party lender, and did not respond to the motion.

The court found no genuine issue requiring a trial and granted the plaintiff possession of the property along with judgment for the outstanding amounts of $3,090,690.54 and $778,656.22, plus interest and costs.

The plaintiff bank moved for summary judgment following the defendant's default on a mortgage loan.

The defendant admitted liability in her statement of defence, attributing the default to a third-party lender's failure to provide financing, but did not respond to the motion.

The court found no genuine issue requiring a trial and granted summary judgment for possession of the property and repayment of the outstanding debt totaling over $2.8 million, plus interest and costs.