Key Points:
- Background:
- The case revolves around a mortgage agreement from December 2017 for the defendants' property in Georgina, Ontario.
- The defendants, Wayne Christopher Smile and Jennifer Ann-Marie Smile, defaulted on October 13, 2023, and were served a demand for payment on January 16, 2024.
- No payment was made, leading to a Default Judgment on March 21, 2024, requiring the defendants to pay $354,098 and surrender possession of the property.
- Defendants' Motion:
- On August 21, 2024, the defendants sought to set aside the Default Judgment, citing unconventional documents titled "Non-Negotiable Notice of Acceptance" and "Certificate of Dishonour."
- They argued under Rule 19.08 of Ontario's Rules of Civil Procedure, which allows setting aside default judgments under certain conditions.
- Court's Decision:
- The court rejected the motion, finding:
- The defendants did not promptly bring the motion or provide a valid reason for the delay.
- Their submitted documents did not constitute a legal defense.
- The motion was dismissed, and the Default Judgment remained in effect.
Conclusion:
The defendants' arguments, based on legally invalid documents, were dismissed, and the court upheld the original possession order in favor of Scotia Mortgage Corporation.
