The Court granted summary judgment for possession of mortgaged property where the defendants admitted entering the loan agreement, executing the mortgage, and falling into arrears, and raised no defence with any real prospect of success. The Court treated an irregularly-formed affidavit filed by a self-represented defendant as a submission rather than evidence, noting it effectively constituted admissions supporting the plaintiff's case. Unsubstantiated claims regarding broker representations, complaints about fees, and assertions of ongoing sale efforts were held insufficient to resist summary judgment or enliven the s 64 CPA discretion to order a full trial.
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