The plaintiff sought summary judgment for the amount owing on a second mortgage.
The defendants argued the initial funds were gifts, not loans, and that the mortgage was obtained through fraudulent misrepresentation, duress, and was unconscionable, asserting they did not understand what they were signing despite receiving independent legal advice.
The court found the funds were loans, interest was implied by conduct, there was no misrepresentation, the defendants understood the documents and received adequate independent legal advice, and the mortgage was not unconscionable.
Summary judgment was granted to the plaintiff.
