Court File and Parties

COURT FILE NO.: CV 20/48 DATE: 2020/06/01 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: 768211 Ontario Inc. formerly Mount Elgin Golf Club Inc., Plaintiff AND: Mount Elgin Golfers Club Inc., ROWCO Holdings Limited & Bryan Row, Respondents

BEFORE: Justice Scott K. Campbell

COUNSEL: Taiwo Emovon Counsel, for the Plaintiff

HEARD: Heard in Chambers

Endorsement

[1] The Plaintiff seeks leave to bring a motion for default judgement. The claim is based on a mortgage/promissory note held by it as a mortgagor/lender with the Defendants as mortgagees/borrowers. The Statement of Claim in the matter was served, but no Statement of Defence has been filed.

[2] On March 15, 2020 the Office of the Chief Justice issued a Notice to the Profession, the Public and the Media Regarding Civil and Family Proceedings. That Notice and subsequent Notices provided only urgent and exceptional matters are to be heard by the court. Urgent matters include those where possible serious financial hardship may occur.

[3] Here the Defendants have not filed a Statement of Defence. They have abandoned the property. It is important, given the nature of the property (the golf course), that the Plaintiff is able to retake possession and ready the property for sale. The Plaintiff is currently having to incur significant monthly expenses in preserving the property. There are parties interested in acquiring the property.

[4] I find that this matter is urgent and exceptional. The Plaintiff is granted leave to bring the motion for default judgement. The materials may be filed by email to Woodstock.SCJ@ontario.ca.

Date: June 1, 2020 Justice Scott K. Campbell