7.3: Summary Judgment (Application and decision)
13.18: Types of affidavit

Case Summary

In a mortgage fraud scheme, the Defendants were paid an amount of money to apply to the Plaintiff, Scotia Mortgage Corporation, for mortgage financing. The mortgages went unpaid and Foreclosure Proceedings were commenced. The Plaintiff applied for a Deficiency Judgment against each of the Defendants. In order to determine the issue of whether the Plaintiff had sufficient evidence to support the Application for Deficiency Judgments, Master Mason indicated that, pursuant to Rule 13.18(3), it was sufficient that the Deponent have access to records and be informed of the requisite elements of the relief claimed – it was not a requirement that the Deponent have a role in the granting or approval of the mortgages. Master Mason briefly outlined the test for Summary Judgment under Rule 7.3. Citing prior leading cases, Master Mason stated that the bar on a Motion for Summary Judgment is high, and that the Party bringing the Motion for Summary Judgment bears the burden of showing that there is no genuine issue for Trial. Master Mason found that there were genuine issues for Trial with respect to the knowledge and participation of the Plaintiff’s agents and employees. On that basis, the Plaintiff’s Application for Summary Judgment was denied.

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