The plaintiff mortgagee brought a motion for summary judgment to enforce a $1.6 million matured mortgage.
The defendant's last-minute request for an adjournment was denied due to a lack of extenuating circumstances.
The court granted judgment for the principal debt, accrued interest, and possession.
However, the court dismissed the plaintiff's claims for various administrative fees and a three-month interest charge, finding them to be unenforceable penalties at common law and in violation of section 8 of the Interest Act, as the plaintiff provided no evidence that they were genuine pre-estimates of damages or actual costs incurred.
