Introduction:
The case involved foreclosure proceedings initiated by First West Credit Union against Ryan Peter Bizarro and Ada Maureen Rowlett regarding a property at 84 Chilko Street, Kitimat, BC. Rowlett applied to set aside a prior order that held her personally liable for the mortgage and sought to have this issue referred to trial.

Background:
Rowlett, 66, claimed she signed the mortgage agreement only as a co-signer to assist her nephew, Bizarro, with his purchase of the property, based on assurances from the credit union’s representative that her personal property would not be at risk. Despite being listed as a borrower, she asserted she had no financial interest in or intention to reside in the property. Following Bizarro’s default on the mortgage, the court granted an order against both parties for the redemption amount of $291,971.20, plus $5,737.36 for a line of credit. Rowlett failed to respond to the petition or attend the hearing, leading to personal judgment against her.

Legal Issues:
Rowlett alleged misrepresentation and sought relief under Rule 22-1(3) of the Supreme Court Civil Rules. The court considered whether her default was willful and if her defenses, including claims of misrepresentation and undue influence, warranted investigation.

Outcome:
The court set aside Rowlett’s personal liability judgment to prevent a miscarriage of justice but awarded costs of the application to First West due to Rowlett’s initial negligence. Costs were also awarded against Bizarro at Scale B. Financial terms were not specified.