The mortgagor plaintiffs sought interlocutory injunctive relief to prevent enforcement of a default judgment and mortgage remedies relating to a third mortgage on their residential property.
Rather than bringing a motion within the original mortgage enforcement action to set aside or stay the judgment, the plaintiffs commenced a separate proceeding seeking to enjoin execution.
The court held that the relief sought constituted an impermissible collateral attack on an existing judgment and raised issues of res judicata, cause of action estoppel, and issue estoppel.
The court further found that none of the plaintiffs’ alleged triable issues—including alleged improper tender, deficiencies in the notice of sale, licensing concerns under mortgage broker legislation, and disputes over legal fees—established a serious issue to be tried under the interlocutory injunction test.
The motion for injunctive relief was therefore dismissed.
