The plaintiff brought a motion for judgment based on a consent to judgment signed by the defendants as part of a settlement agreement regarding a defaulted loan secured by Florida real estate.
The defendants argued that one corporate defendant should not be a party, that they lacked independent Canadian legal advice, and that the debt was satisfied by a foreclosure.
The court found that the non-signing corporate defendant should not be subject to the judgment, but rejected the other defenses, noting the defendants had US legal advice and the settlement agreement explicitly valued the foreclosed property at a set credit amount.
Judgment was granted against the signing defendants for the remaining balance, converted to Canadian dollars.
