Jesse Watts

The plaintiff brought a motion for leave to file a Certificate of Pending Litigation (CPL) against the defendant's property in Richmond Hill, Ontario.

The plaintiff claimed a 50% undivided ownership interest in the property based on a partnership agreement executed in 2017.

The defendant disputed the plaintiff's ownership claim, alleging he solely funded the property purchase and that the plaintiff's contribution was insufficient to establish partnership rights.

The court found the plaintiff demonstrated a triable issue regarding her interest in the property and granted leave to issue the CPL, finding the equities supported the order.

Costs were ordered to be in the cause.

The plaintiffs brought a motion for a Mareva injunction to freeze approximately $6.1 million in settlement funds held in the defendant's solicitor's trust account.

The funds were allegedly derived from a fraudulent investment scheme involving the defendant corporation, which was controlled by individuals connected to a Ponzi scheme operated by Arash Missaghi.

The plaintiffs alleged they were induced to invest substantial sums through misrepresentation and fraud.

The court granted the Mareva injunction, finding the plaintiffs established a strong prima facie case of fraud, that assets were in the jurisdiction, that there was a risk of dissipation, and that irreparable harm would result if the funds were distributed.

The court also allowed the defendant to withdraw $250,000 from the frozen funds for legal expenses.

The court voided six promissory notes and struck out related mortgages registered by the plaintiffs against the defendants' properties, finding that the notes were materially altered without consent, contrary to the Bills of Exchange Act.

The court also declined to grant equitable mortgages or certificates of pending litigation, citing the plaintiffs' inequitable conduct and failure to meet statutory tests.

The decision addresses issues of forged notes, after-acquired property, corporate personality, and the application of the Family Law Act to matrimonial homes.