Case Overview

• Marper Holdings Limited (“Marper”) sought $2,361,348.51 from Foxpark Development Corporation (“Foxpark”), Carl Strand, and John Strand for a defaulted $2M mortgage loan secured by a first charge on 77 Fox Street, Penetanguishene.
• Marper also requested 12% post-judgment interest, possession of the property, and a writ of possession.
• The defendants’ counterclaim sought $34M in damages, alleging the action was malicious and vindictive, but it lacked a recognizable legal basis.

Findings

• Loan & Default: Foxpark’s November 1, 2023, payment was dishonored, no further payments were made, and the mortgage matured unpaid on December 13, 2023.
• Guarantors: Carl and John Strand personally guaranteed the loan. John received independent legal advice.
• No Defence Evidence: The defendants missed court deadlines and failed to file sworn evidence.

Court Ruling

1. Summary Judgment Granted – No genuine issue required a trial.
2. Judgment Against Foxpark & the Strands – Ordered to pay $2,361,348.51 + 12% annual post-judgment interest.
3. Possession Granted – Marper received immediate possession and leave to issue a writ of possession.
4. Counterclaim Dismissed – No valid cause of action.
5. Costs Ordered – Defendants must pay $25,509.15 on a substantial indemnity basis.