The plaintiff, Muhammad Asif, brought an urgent, ex parte motion for a Certificate of Pending Litigation (CPL) and a Mareva injunction regarding property at 341 Lawford Road, Vaughan, Ontario.
The court dismissed the motion, finding that the property had already been sold by secured creditors under a power of sale, and that Asif’s equitable mortgage claim could not take priority over registered interests.
The court also found that notice should have been given to secured and judgment creditors, and that the plaintiff failed to provide full and fair disclosure of material facts.
The decision reviews the requirements for ex parte Mareva injunctions and the duty of full disclosure.