The Royal Bank of Canada brought a motion for summary judgment seeking possession of a property, leave to issue a writ of possession, and dismissal of a counterclaim by Shila Dabirinejad.
Ms. Dabirinejad, the spouse of the property's sole registered owner, Ali Sharafdin, argued that the bank knew or ought to have known she was Mr. Sharafdin's spouse and that her consent was not obtained for a charge registered on the property, which she claimed was the matrimonial home.
The court found that the bank had no actual or constructive knowledge of Ms. Dabirinejad's spousal status at the time the charge was registered, rejecting her evidence of a "chance meeting" with a bank employee.
The court concluded that the bank was entitled to rely on Mr. Sharafdin's representations that he was not a spouse and that the charge was valid.
The motion for summary judgment was granted, and Ms. Dabirinejad's counterclaim was dismissed.