Ottawa-Carleton Mortgage Inc. v. Joseph and John
OTTAWA-CARLETON MORTGAGE INC.
Law Firm / Organization
Soloway Wright LLP
Lawyer(s)

Kyle Van Schie

PAUL KURT JOSEPH
Law Firm / Organization
Self Represented
KAREN PATRICIA JOHN
Law Firm / Organization
Self Represented
CLEOPATRA JOHN
Law Firm / Organization
Unrepresented

Key Facts:

  • In May 2021, the defendants (Paul Kurt Joseph, Karen Patricia John, and Cleopatra John) obtained a mortgage from Ottawa-Carleton Mortgage Inc. (OCMI).
  • They were late on at least 15 payments during the initial two-year term.
  • In June 2023, the mortgage was renewed for one year, but the defendants missed the August 1, 2023 payment and failed to pay the balance due on June 1, 2024.
  • No payments have been made since July 2023.

OCMI’s Claims:

OCMI sought:

  1. $517,858 in damages.
  2. Pre-judgment interest at 8.75% per year from July 31, 2024.
  3. Vacant possession of the property.
  4. Leave to issue a writ of possession.
  5. Post-judgment interest at 8.75% per year.
  6. Costs on a full indemnity scale.

Defendants' Position:

  • The defendants, self-represented, filed a statement of defense and an unsigned affidavit without evidence.
  • They argued that OCMI mishandled their home insurance, denied them an opportunity to cure default, and refused mortgage payments in September and October 2023.
  • Cleopatra John did not appear in court.

Court’s Decision:

  • The defendants failed to provide evidence supporting their claims.
  • OCMI’s uncontested evidence established no genuine issue requiring a trial.
  • Summary judgment was granted:
    • $517,858 in damages.
    • Vacant possession of the property.
    • Leave to issue a writ of possession.
  • A case conference will determine interest and costs.
Superior Court of Justice - Ontario
CV-23-93557
Real estate
$ 517,858
Plaintiff