The borrower sought an application to have the enforcement warrant set aside due to the lender knowingly ‘misleading’ him. The day before the enforcement warrant was to be executed the lender informed the borrower that if he paid a lesser amount, it might be possible to stay the warrant. It was on this basis that the borrower claimed that he had been misled by the plaintiff.
The judge found for the lender holding:
The fact that a mortgagee is prepared to grant a concession to a mortgagor, however limited that concession is, cannot mean that their behaviour prior to granting that concession is misleading and deceptive conduct.