The applicant bank sought an order for possession and power of sale of a mortgaged condominium unit.
The respondent Singh claimed to be the beneficial owner of the property pursuant to a trust declaration with the registered owner, Andrade, and raised various defences including claims of fraud, knowing assistance to breach of trust, equitable mortgage, and equitable subordination.
The court found that Singh had failed to comply with court orders requiring him to pay the mortgage and granted the bank's application for possession and a writ of possession, stayed for 30 days to allow Singh to vacate.
