RFA Bank of Canada v. Weinkauf
RFA Bank of Canada
Law Firm / Organization
Chaitons LLP
Weinkauf, Lee Darvin
Law Firm / Organization
Rasmussen Starr Ruddy LLP
Weinkauf, Merlie Otadora
Law Firm / Organization
Rasmussen Starr Ruddy LLP

Overview:

Heard in the Ontario Superior Court of Justice – East Region before Associate Justice K. Perron on January 23, 2025, this case involved RFA Bank of Canada as the plaintiff and Lee Darvin Weinkauf & Merlie Otadora Weinkauf as the defendants. The defendants sought to set aside a default judgment and vacate enforcement measures. The decision was issued on February 7, 2025.

Key Facts:

  • The defendants’ mortgage matured in December 2023, and they attempted renewal but were in arrears due to bank account fraud.
  • RFA refused renewal, demanded full payment, and issued a Notice of Sale after failed communications.
  • A Statement of Claim was served in March 2024, but the defendants did not file a defence.
  • Default judgment for $445,103.52 was granted on May 10, 2024, followed by a Notice Demanding Possession.

Court’s Findings:

  1. Promptness: Motion was filed quickly.
  2. Excuse for Default: Defendants’ claims of misunderstanding and stress were not plausible.
  3. Arguable Defence: No evidence showed wrongful conduct by RFA, improper refusal to renew, or ability to repay arrears.
  4. Prejudice: Setting aside the judgment would impose unnecessary costs and delays.
  5. Justice System Integrity: Upholding default judgment maintained procedural fairness.

Outcome:

  • Motion dismissed; enforcement to proceed.
  • Defendants ordered to pay RFA $6,000 in costs within 30 days.
Superior Court of Justice - Ontario
CV-24-95101
Real estate
$ 6,000
Plaintiff