The appellant appealed a summary judgment granting the respondent payment on a mortgage covenant and possession of the mortgaged property, and dismissing her counterclaim.
The respondent, who previously acted as the appellant's lawyer, had made a series of loans to the appellant.
The Court of Appeal dismissed the appeal, finding that the respondent proved the mortgage and default, while the appellant's response consisted of bald allegations unsupported by evidence.
The court also found no impropriety in the motion judge issuing a supplementary endorsement to address the counterclaim after receiving correspondence from the respondent's counsel.
