The plaintiff mortgagee brought a motion for summary judgment for possession and sale of properties after the defendant mortgagors defaulted on first and second mortgages.
The defendants brought a cross-motion seeking to dismiss the summary judgment and set aside the mortgages, alleging the plaintiff made an oral promise to lift the second mortgage and that the terms were unconscionable.
The court found no genuine issue requiring a trial, rejecting the defendants' claims of an oral promise and unconscionability, as the defendants had legal representation and were not vulnerable borrowers.
Summary judgment was granted in favour of the plaintiff for the amount owing, possession, and sale of the properties.
