The plaintiff brought a motion for summary judgment for possession of lands and payment on a defaulted vendor take-back mortgage.
The defendant opposed the motion, claiming equitable set-off based on alleged fraudulent misrepresentations regarding the property's condition.
The court found that the defendant was estopped from raising this defence because the plaintiff had previously obtained an unchallenged default judgment in Small Claims Court regarding a deposit for the same property.
Summary judgment was granted in favour of the plaintiff.
