The plaintiff sought summary judgment to declare a mortgage registered by the Royal Bank of Canada (RBC) against her matrimonial home a nullity, alleging her signature was forged by her husband.
RBC brought a cross-motion for partial summary judgment seeking an equitable charge by subrogation, as the funds advanced under the disputed mortgage were used to pay off the plaintiff's prior valid mortgages with TD Bank.
The court dismissed the plaintiff's motion, finding that the forgery allegation required a trial.
However, the court granted RBC's motion in part, awarding an equitable charge of $370,804 for the payoff of one TD mortgage to prevent the plaintiff's unjust enrichment.
The court also granted judgment against the plaintiff for $350,429 for the payoff of a second TD liability, but directed a trial to determine if that prior mortgage had been discharged in error before granting a second equitable charge.
