2 total
Summary judgment motion adjourned for a mini-trial to hear viva voce evidence on credibility issues.
The plaintiff mortgagee brought a motion for summary judgment on several high-interest, short-term mortgages in default.
The defendant mortgagors counterclaimed, alleging they were induced to sign the mortgages based on the plaintiff's oral misrepresentations that it would fund the removal of several executions registered against them.
The court found that determining whether such an agreement existed relied heavily on credibility.
Consequently, the court ordered a mini-trial under Rule 20.04(2.2) to hear viva voce evidence from the key deponents before deciding the summary judgment motion.
Motion to set aside default judgment dismissed for delay and lack of arguable defence.
The applicant brought a motion to set aside a default judgment ordering child and spousal support and equalization, and to set aside an earlier order striking his pleadings and freezing his bank accounts.
He also sought to vary custody of the parties’ child.
Applying the test for setting aside default judgment, the court held the applicant failed to act promptly after becoming aware of the judgment, failed to provide a plausible explanation for the default, and failed to establish an arguable case on the merits.
The court found evidence that the applicant knew of the earlier orders yet delayed several years before bringing the motion.
The motion was dismissed, and the respondent’s cross‑motion for payment of support arrears and costs from funds paid into court was granted.
