Background:
Jay Patel, the plaintiff, sought summary judgment against 2811230 Ontario Ltd., a property owner, and its guarantor Alisha Chaly, due to default on a $392,000 mortgage for a property at 5759 Robinson Street, Niagara Falls. The mortgage matured on February 2, 2023, and no payments were made after that date, leaving an outstanding balance of $451,699.67 plus per diem interest.

Issues and Legal Arguments:

1. Debt Obligation Validity: The defendants argued that the unsigned mortgage commitment letter invalidated the debt and alleged fraud. The court found no merit in these claims, holding that the executed charge and advanced funds established a binding obligation.
2. Tenant’s Rights: The defendants claimed a lease with a tenant barred foreclosure. The court ruled this was irrelevant to the foreclosure rights under the mortgage.
3. Possession Dispute: Allegations of illegal lockouts were dismissed, with the court finding the chargee acted lawfully under standard terms.
4. Due Diligence: The court rejected claims of improper renewal procedures, noting the plaintiff acted reasonably given the property’s pending sale.

Decision and Costs:
The court granted foreclosure, possession, and a writ of possession in favor of Patel. Costs of $27,662.45 were awarded to the plaintiff.