The plaintiff mortgagee brought a motion for summary judgment against the defendant mortgagor following a default in payment.
The defendant opposed the motion using Organized Pseudo-legal Commercial Arguments (OPCA), claiming the mortgage was paid off with a promissory note and that a trust held priority.
The court rejected these arguments as specious and noted procedural irregularities with the defendant's affidavit, including an invalid commissioner's stamp associated with an individual previously enjoined from practicing law.
Summary judgment was granted for the principal and interest, but the court disallowed various administrative fees claimed by the plaintiff for lack of evidence and for offending section 8 of the Interest Act.
