The court granted default judgment and a writ of possession to a mortgagee after the defendants failed to defend the action.
The plaintiff, YF Capital Inc., brought a motion for default judgment against the defendants, Harrison Frank Roy and Trung Tran, in relation to a mortgage loan over 519-7 Grenville St., Toronto.
The defendants failed to defend the proceeding and were noted in default.
The court granted judgment in the amount of $896,275.67, an order for possession, and a writ of possession, but declined to order a writ of seizure and sale, finding a court order unnecessary for that relief.
The court also awarded costs in the amount of $20,000 and pre- and post-judgment interest at the contract rate of 19%.
Motion for default judgment dismissed without prejudice due to defective service and insufficient evidence.
The plaintiff brought a motion in writing for default judgment on a mortgage loan and guarantee, seeking damages, possession of the property, and writs of seizure and sale.
The court dismissed the motion without prejudice due to significant deficiencies in the materials, including a lack of detailed evidence calculating damages, no evidence regarding who was in possession of the property, concerns about the service of the statement of claim on one defendant, and a failure to serve the motion materials on the defendants as previously directed.
The court issued the endorsement to remind the bar of the evidentiary and procedural requirements for default judgment motions.
