The Toronto-Dominion Bank (TD) brought an application for immediate possession of a condominium due to default on a charge.
The registered owner, Sandra Andrade, and an occupant, Sesanarine Singh, are involved in a separate fraud dispute over the property.
Singh claims beneficial ownership via a trust agreement and argues TD had actual notice of his interest, which would affect TD's priority.
The court found triable issues regarding Singh's beneficial interest and, crucially, whether TD had actual notice of it.
The application for immediate possession was not granted; instead, the court directed a trial of an issue solely on the question of TD's actual notice.
Interim orders were made for Singh to make ongoing mortgage and condo fee payments, and case conferences were directed for both the TD-Singh dispute and the Andrade-Singh dispute.
