Issue:
Plaintiffs sought summary judgment for a mortgage default on a property at 6 Whistling Hills Drive, Scarborough, aiming to enforce the mortgage debt and obtain possession.

Background:
The mortgage, issued on February 28, 2022, was for $960,000 at a 6.99% interest rate for one year. The Defendants defaulted when the mortgage matured on February 22, 2023. A Notice of Sale was issued, but the Defendants failed to redeem or refinance.

Court's Analysis:

• Test for Summary Judgment: Following Hryniak v. Mauldin, the court assessed if genuine issues required a trial.
• Findings: Defendants failed to provide evidence to dispute the mortgage terms or amounts owed.
• Liquidated Damages: Ruled as not violating the Interest Act, as they are not a "fine, penalty, or rate of interest."

Ruling:
The court granted summary judgment to the Plaintiffs:

• Defendants must pay the outstanding mortgage amounts, including interest, fees, and liquidated damages.
• Defendants must vacate the property.
• Plaintiffs may issue a writ of possession.

Total Monetary Award:

• Principal: $960,000
• Interest: $92,476.55
• NSF Fees: $500
• Statement Fee: $350
• Discharge Fee: $350
• Legal Fees: $1,155.50
• Liquidated Damages: $16,776
• Pre-Judgment Interest: Calculated from July 8, 2024
• Post-Judgment Interest: Ongoing per the mortgage agreement

Costs:
No additional costs beyond the liquidated damages, deemed sufficient to cover motion-related expenses.

Total Amount Granted: $1,071,608.05, plus applicable pre- and post-judgment interest.