The court considered three motions for summary judgment arising from a mortgage dispute.
The plaintiff, Indigoblue Mortgage Investment Corporation, sought summary judgment against the defendants, Muhammad Ahmad and Sajidah Kausar, for defaulting on a second mortgage.
The defendants alleged they did not understand the mortgage transaction and raised defences of non est factum and forgery, claiming their son Awais Ahmad fraudulently encumbered the property.
The court found the defences unsubstantiated, holding that the defendants understood the transaction and that the mortgage was not a fraudulent instrument under the Land Titles Act.
The defendants' motion for summary judgment against third-party lawyer Toloue Ghahraei was dismissed, as was their claim of solicitor negligence.
The court granted summary judgment in favour of both the plaintiff and Ghahraei, dismissing the third-party claim against her.
