Endorsement

Court File No.: CV-23-00707103
Date: 2025-01-29
Superior Court of Justice – Ontario

Re: Community Trust Company, Plaintiff
And: Alysa Nell Rafael and Monaliza Ruiz, Defendants

Before: Paul B. Schabas

Counsel:
Christopher Staples, for the Plaintiff
Matthew Tubie, for the Defendants

Heard: January 29, 2025

Reasons for Decision

[1] The Plaintiff, Community Trust Company, moves for summary judgment on a mortgage.

[2] I am satisfied that there is no genuine issue requiring a trial and that judgment should be granted.

[3] The Plaintiff has presented uncontradicted evidence of default and expenses incurred in support of its claim.

[4] The Defendants have essentially admitted default but assert simply that the charges are unreasonable and complain of an onerous financial burden, with no details whatsoever. This is not evidence that raises a serious issue requiring a trial. The charges are explained in the Plaintiff’s material and no evidence has been led to challenge the accuracy of any of it or that the charges are not in accordance with the mortgage.

[5] Accordingly, judgment shall issue for $876,757.84, which, in accordance with s. 3.3(b) of the mortgage, shall bear interest at the rate of 9.99% per annum. The Defendants shall deliver possession of the property to the plaintiff.

[6] The plaintiff shall be awarded costs in the amount of $7,553.65, which shall bear interest at the rate of 6.00% per annum.

Paul B. Schabas
Date: January 29, 2025