The plaintiff sought summary judgment for a defaulted second mortgage.
While the parties agreed on the mortgage's maturity and the principal amount owing, they disputed the exact date of default, the amount of interest owed, and other damage claims, including NSF cheque fees and alleged cash payments by the guarantor.
The court granted summary judgment on the core issues of mortgage default and the principal amount owing, entitling the plaintiff to an order for possession and to continue the sale process.
However, due to genuine issues requiring a trial regarding the specific amounts payable, a reference was directed under Rule 64.06 of the Rules of Civil Procedure to determine these disputed amounts.
