Civil Oral Submissions Final.docx - Your Honour may I...

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Your Honour, may I mention matter number 1 in your civil list, the matter of Jong and Caruso. I appear on behalf of the plaintiffs who bring the motion today, my name is LORIZIO for the record. Your honour this is a notice of motion by the plaintiffs to obtain a summary judgment against the defendants in the amount of $101,200.00 under rule 13(1) of the Uniform Civil Procedure rules or in the alternative to have the defence struck out under rule 14.28. The plaintiffs move for the orders set out in the notice of motion filed on 27 May 2020. In support of the notice of motion the plaintiffs seek leave to file the affidavit of Joyce Jong sworn on 27 May 2020. The plaintiffs read and rely upon this affidavit. To assist the court I have also prepared a chronology, I have also handed that up to your honour. The matter is an ex parte matter and there is no appearance from the other side. Background By way of background, On 20 September 2018, the plaintiffs entered an oral agreement which was confirmed in writing on 20 November 2018 with the defendants being the neighbours of the plaintiffs. Under the terms of the agreement the plaintiffs would mortgage their home to lend money in the sum of $101,200.00 to the first defendant and the first defendant would pay the mortgage repayments until such time as he was able to discharge the debt in full. This is stipulated in the written agreement and I draw your honour’s attention to the agreement. This is also at paragraphs 4-12 of the affidavit of Joyce. This contract is not in dispute. On 20 November the mortgage was approved and the first plaintiff withdrew the money and gave it to the first defendant in performance with the agreement. That is contained in Joyce’s affidavit in paragraphs 13-16. From 20 November 2018 to 20 December 2019, Barry made the mortgage repayments in performance of the contract. That is contained in paragraph 20 of the affidavit of Joyce. On 20 December 2019 the first defendant failed to make mortgage repayments in breach of the agreement. This is at paragraph 21 of the affidavit of Joyce. On 20 February 2020, in a telephone conversation between the first plaintiff and first defendant, the first defendant refused to make the repayment and as a result the plaintiffs were forced to make the repayment themselves. This is at paragraphs 22-24 of the affidavit of Joyce.

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