Kooner v. Skepple, 2021 ONSC 3829

COURT FILE NO.: CV-20-00638227-0000

DATE: 20210526

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

JASWANT SINGH KOONER

Plaintiff

• and -

SYLVANIE SKEPPLE and JULIE VANDENBERG

Defendants

Mukesh Bhardwaj for the Plaintiff

Julie Vandenberg, self-represented

HEARD: May 26, 2021

PERELL, J.

REASONS FOR DECISION

(Oral Judgment)

[1]

Background

The Plaintiff Jaswant Singh Kooner brings a summary judgment motion to enforce a second mortgage on a residential property at 14 Kiskadee Drive, Etobicoke. The Defendant Sylvanie Skepple, who has been noted in default, is the mortgagor. The self-represented Defendant, Julie Vandenberg, is the guarantor of the mortgage.

2On March 20, 2017, Ms. Skepple, who was the owner of 14 Kiskadee Dr., granted a second mortgage on the property to Mr. Kooner. The mortgage was registered as Instrument No. AT4515109 in the Land Titles Division of the City of Toronto, Registry Office (No. 80).

3The principal amount of the mortgage was $310,000 with interest at 12% per annum. The term of the mortgage was one year. The mortgage required monthly interest only payments of $4,391.67.

4Ms. Vandenberg was the guarantor of the mortgage.

5The mortgage matured on March 17, 2018 and was not redeemed.

6On September 16, 2019, Mr. Kooner issued a Notice of Sale under Mortgage.

7On March 17, 2020, Mr. Kooner had issued a Statement of Claim in the mortgage enforcement action now before the court. The Statement of Claim alleges that as of February 10, 2020, the amount owing on the mortgage, all inclusive of principal, interest, and fees is $431,457.30.

8Ms. Skepple did not defend the action and on September 28, 2020, she was noted in default.

9Ms. Vandenburg defended and delivered her Statement of Defence on December 16, 2020 and an affidavit defending the summary judgment motion. The Statement of Defence consists of four paragraphs as follows:

1. The defendant JULIE VANDENBURG admits the claim as it relates to the sum that is due under the mortgage.

2. The defendant JULIE VANDENBURG in part the [sic] denies paragraphs 5 and states that she has made more interest payments as stated by the allegation as contains in paragraph 8 of the statement of claim and states that the interest is $3,000 not $4,404.44 as alleged by the statement of claim.

3. The first defendant JULIE VANDENBURG state that the amount owing under the charge should be $431,457.30.

4. The defendant states that she was not able to make payment because she lost her father and she have to travel to Africa for his burial.

[10]

Analysis

There is no genuine issue for trial in this case. Ms. Vandenburg raises no defence and admits that at least $431,437.30 is owing on the mortgage.

11With the passage of time, I calculate the current indebtedness as:

a. principal - $310,000.00;

b. interest (simple interest compounded annually) from August 20, 2017 to May 26, 2021-$166,513.20; and

c. lenders fee $15,500;

d. for a total of $492,013.20.

12Having reviewed the Bill of Costs I fix the Plaintiffs claim for costs at $8,250 all inclusive of disbursements, counsel fee and taxes.

[13]

Disposition

I therefore grant the Plaintiff judgment for $492,013.20 plus costs as aforesaid as against the Defendants jointly.

14I further order that the Defendants deliver possession of the following land to the Plaintiff:

PIN: 07364-0439 LT Description: PARCEL 48-1, SECTION M1937 LOT 48, PLAN M1937 ETOBICOKE, CITY OF TORONTO. Address: 14 KISKADEE DRIVE, ETOBICOKE, Land Registry Office: #80

15Because Ms. Vandenburg is in the process of arranging a mortgage refinancing, I direct the Plaintiff not to take out the judgment until after June 10, 2021.

16Judgment accordingly.

Perell, J.