The court granted summary judgment in favour of World Financial Solutions Inc. for possession and sale of a Toronto property under a collateral mortgage, dismissing the defences, counterclaim, and third party claims of 2573138 Ontario Ltd. and Marguerite Alfred.
The court found the mortgage was in default, rejected arguments of co-venturer status, conspiracy, and improper sale, and ordered a reference for accounting of sale proceeds.
The decision clarifies the application of summary judgment principles in mortgage enforcement and the limits of technical and equitable defences.