Avi Freeland

The Mortgagee Plaintiffs sought summary judgment to enforce a syndicated loan and mortgage against the Joseph-Walker Parties, who defaulted.

The Joseph-Walker Parties alleged fraud by other defendants and, later, by the Mortgagee Plaintiffs themselves, and sought to adjourn the motion.

The court denied the adjournment, finding no genuine issue for trial regarding the Mortgagee Plaintiffs' claims or the fraud allegations against them.

Summary judgment was provisionally granted for the Mortgagee Plaintiffs, including payment of the outstanding loan amount, possession, and writs of possession, conditional on adding seven non-party mortgagees to the action to ensure they are bound by the order.

The court also addressed the consolidation of related proceedings and the principles of partial summary judgment.

The Plaintiff, TPine Financial Services Inc., brought a motion for the continuation of an interim Mareva Order and leave to register a certificate of pending litigation (CPL) on the Caledon Property.

The Plaintiff alleged a fraudulent invoicing scheme by the Mareva Defendants, leading to the advancement of $7.5 million, part of which was used as a $3.65 million deposit for the Caledon Property, held by the Hanjra Defendants.

The Hanjra Defendants had failed to comply with previous orders to pay these deposit monies into court.

The court granted the Plaintiff's motion, ordering the Hanjra Defendants to pay the $3.65 million into court and granting leave to register the CPL, finding a triable issue regarding the Plaintiff's claim to the specific fund and an interest in the property.

Subsequently, the parties reached a settlement agreement where the Hanjra Defendants would pay the sum into court within 30 days, leading to the discharge of the CPLs and abandonment of their appeal.

Costs were fixed at $15,000 for the motion, payable by the Hanjra Defendants.