The defendant mortgagee brought a motion for summary judgment on its counterclaim for possession and the amount due under a mortgage.
The plaintiff mortgagor argued it was no longer in default, the notice of sale omitted some property, and the defendant failed to provide notice under s. 244 of the Bankruptcy and Insolvency Act.
The court granted summary judgment, finding the plaintiff was in default, the court should not interfere with the lawful realization of security, and the plaintiff was not an 'insolvent person' requiring s. 244 notice.
