The plaintiff, a mortgagee, brought a motion for default judgment against the defendant mortgagor for arrears, interest, and possession of the property.
The defendant was noted in default.
The court granted default judgment for the principal amount of the mortgage, prejudgment and postjudgment interest, and possession of the property.
However, the court denied several additional fees claimed by the plaintiff, including renewal fees, NSF fees, and failure to discharge fees, finding that they were not sufficiently proven by the pleadings and evidence, or that they constituted penalties in contravention of the Interest Act.
The court emphasized that even with deemed admissions in default, the plaintiff must still prove legal entitlement to the damages claimed.
