The moving party brought a motion for summary judgment on enforcement of a third mortgage following the corporate defendant's default on mortgage payments and related renewal fee obligations.
The corporate defendant failed to file any responding materials despite being granted extended time to retain counsel, and the personal defendant's statement of defence contained only blanket denials with no particulars contradicting the asserted defaults.
The court found no genuine issue requiring a trial, applying the Hryniak standard, and concluded that the defendants had used delay as a tactic.
Summary judgment was granted for possession of the mortgaged property, judgment on the covenant in the amount of $178,889.62 plus interest, and costs of $9,534.37.
