Court File and Parties

Court File No.: CV-24-00728199-0000 Date: 2025-10-31 Ontario Superior Court of Justice

Between: George Crawford, Plaintiff

And: Belinda Erica Earle St Ville, Kevin Doe, Christopher Roy, Varsha Masuti, Shushana Earle, Olaide Aderounmu, Volodymyr Doe and John Doe, Defendants

Counsel:

• Khaled Gheddai, for the Plaintiff
• Belinda St Ville, self-represented

Heard: October 29, 2025

Endorsement

Before: Papageorgiou J.

Overview

[1] The defendant Belinda Erica St. Ville ("Belinda") and her uncle the plaintiff George Crawford have a dispute over who is the rightful owner of 28 Leila Jackson, North York (the "Property").

[2] Belinda is a self-represented litigant. She is highly intelligent and well spoken. Her materials are well written.

[3] The plaintiff George Crawford ("George") is the registered owner.

[4] Belinda says that she transferred the Property to George but that it was agreed that this was for financing purposes and that Belinda was the true proprietary owner. George says that this was an actual sale, that he paid consideration in the approximate amount of $860,000 and that he permitted Belinda to reside there and manage the Property as a rental property.

[5] There were orders made at previous case conferences on consent that Belinda can continue to reside in the Property but that she pay the mortgage arrears, the ongoing mortgage and carrying costs and that she pay any rental proceeds she is receiving into a joint account to be held by George and Belinda.

[6] Belinda brought a motion to vary these orders so that she not be required to pay any arrears, that all carrying costs and mortgage payments be shared equally and that George be restrained from attending at the Property. She also sought ancillary orders that have been addressed.

[7] The motion was scheduled for two hours but took all day.

Decision

[8] For the reasons that follow, I do not grant the orders sought. I direct an oral in person hearing in respect of Belinda's request that George be restrained from attending the Property. I have also arranged for the trial to take place during the week of January 19, 2025, in person, and timetabled the matter.

Issues

• Issue 1: Should the court vary the order requiring Belinda to pay the mortgage arrears as well as ongoing mortgage payments and carrying costs?

• Issue 2: Has George breached a court order regarding the utilities?

• Issue 3: Should an order be made restraining George from attending at the Property?

• Issue 4: Should the trial be expedited?

Analysis

Issue 1: Should the court vary the order requiring Belinda to pay the mortgage arrears as well as ongoing mortgage payments and carrying costs?

[9] Setting out some background to this matter and the position of the parties is important.

Belinda's Position

[10] Belinda and her sister Shushanna Earle ("Shushanna") purchased the Property on June 18, 2010.

[11] Belinda says that in February 2018 she mentioned to George that her husband and her were interested in purchasing a second property one street across from the Property.

[12] She explained to George that the bank mentioned that she may have difficulties securing a low-interest rate mortgage for the new property, if she was to obtain money from the Property (HELOC) while holding both properties in her name.

[13] George volunteered to assist her since she was hospitable to him since the passing of his late wife on November 24, 2017.

[14] In or around February 2018 she says she entered into a verbal agreement with George that the Property was being transferred into George's name temporarily and was to be transferred back into her name. George would not have any proprietary rights and obligations after the title transfer, and he would not be liable to pay the mortgage, property tax, home insurance, and utilities ("carrying costs"). She says they agreed that upon the maturity of the 5-year term of the mortgage for the Property it would be transferred back into Belinda's name.

[15] She says that as the proprietary owner, she would continue to have the right to renovate, place tenants, collect rental payments, deal with the cost of legal disputes with tenants, deal with maintenance and repair, and any other affairs of the Property as if there wasn't any title transfer.

[16] Belinda says she wanted to put the title transfer amount ("sale on paper") at $560,000 but George requested that it be at $860,000 according to the advice from his lawyer. Given her position that the transfer was on paper only, it is unclear why the difference on the sale documents is relevant to Belinda's position. However, as will be seen from the Statement of Adjustments and other documentation that George subsequently produced, the $300,000 difference is almost the exact amount that Belinda and Shushanna received in cash from the proceeds of sale as documented by the documents prepared by both sides' lawyers as well as the banking documentation that shows it was paid.

[17] She says that on September 17, 2018, in furtherance of the oral agreement, the Property was transferred to George.

[18] After the transfer, Belinda continued to reside in the Property and rent out the rooms. Belinda says she would transfer payments from the tenants into a joint account held by Belinda and George to pay the mortgage.

[19] She has produced an agreement dated September 30, 2018 signed by her as Owner and by George as Manager:

This Agreement shall be in force on an annual basis beginning on the 30 day of September, 2018, which includes the sale and purchase of 28 Leila Jackson Terrace, North York, ON M31 OB3. This Agreement shall continue thereafter until either the Owner or the Manager Partner terminates it, effective the last day of any month, by written notice to the other party ninety days prior to said date. Manager/Partner has a one percent interest in the 28 Leila Jackson Terrace property which commenced on August 27, 2018. Property Owner has a 99 percent interest in the Leila Jackson Terrace property, although legally the property is in the Manager Partner's name. In the event the parties cannot mutually agree on acceptable terms, the Agreement shall terminate within the period specified before the renewal date, the then-existing terms of the Agreement shall remain in full force and effect for the next one-year renewal period unless the Agreement is otherwise terminated.

LEASING AND RENTING Authority. Manager/Partner is authorized to sign on behalf of the owner upon review and consent of the Owner and includes Owner signature. All costs of leasing and renting shall be e-transferred and paid by the Owner out of the Property joint Account between the parties listed above. All rental mortgage/ property tax payments will be the sole responsibility of the Owner and will be transferred by the Owner to the Property joint account between the parties listed above.

Enforcement of the Leases. Manager/Partner is authorized to institute, in Owner's name and on behalf of the Owner, all legal actions or proceedings for the enforcement of any lease term, the collection of rent or other income from the Property, or for the eviction or dispossession of the tenants or other persons from the property.

Manager/Partner is authorized to sign and serve such notices as Manager Partner deems necessary for lease enforcement, including the collection of rent or other income in the Owner's names on behalf of the Owner. If deems necessary, Owner is responsible to retain a legal counsel.

Manager/Partner is authorized to make management/maintenance reviews of the property at the time of occupancy, when the tenant vacates and at such other times as Manager/ Partner feels necessary or advisable and report matters concerning the condition of the property to Owner. In the event of vacancy Owner is solely responsible for all expenses including maintenance repair/upkeep of the property.

[20] I will return to this below, but George says that this is a forgery and has his own September 30, 2018 agreement where he is stated to be the Owner and Belinda is stated to be the Manager. I have defined the one produced by Belinda as "Belinda's September 30, 2018 Agreement."

George's Position

[21] George is a 67-year-old retiree.

[22] He says he decided to purchase the Property from Belinda and her sister in 2018 after they told him that they were struggling to make mortgage payments and persuaded him to acquire it. He did so for investment purposes to support himself financially in his retirement.

[23] Prior to his purchase, Belinda and Shushanna were already renting rooms to several tenants. He was aware of this and had no objection, as his preference was to maintain the Property as a rental income generating investment.

[24] He has produced all the documents for the closing which include a detailed and standard form agreement of purchase and sale at $860,000 with all the usual schedules. All of the parties to this transaction were represented by counsel.

[25] Notwithstanding Belinda's evidence that the purchase price was only "stated" to be $860,000, the closing documents are entirely consistent with George's evidence that the purchase price was $860,000 and that he paid this amount. The statement of adjustments shows that he paid $831,164.56. It shows that $297,678.46 would be paid to Belinda and her sister on closing and that the rest of the funds would be used to discharge the mortgages and pay counsel. There is also a Direction re Funds dated September 17, 2018, which is the day before the closing, which shows George's lawyer directing the sum of $831,164.56 to Belinda's lawyer; an undertaking from Belinda's lawyer that he would deal with the funds in accordance with the Statement of Adjustments; and a copy of a Scotiabank Rapid Transfer Request to Lawyer's Trust Account made out to Belinda and Shushanna's lawyer in the amount of $831,164.86 which is stamped by Scotiabank on September 17, 2018, the date of the sale closing. There is also a bank draft showing George paid $30,000 by way of deposit for a total amount of $327,678.46 received by Belinda and her sister after the mortgages were paid.

[26] All of this is significant evidence that corroborates what George says.

[27] Notably, Belinda volunteered before me that George had contributed some $171,401 to the Property when the transaction closed and that she was not aware of this at the time but discovered it in 2023. This is also set out in her affidavit filed on the CPL motion. This is also not consistent with her position that there was no sale, and it is not clear how she would not have been aware of him contributing any amount, let alone such a significant amount to her benefit. The $171,401 is a little more than half of the $327,678.46 that George's documents say Belinda and her sister received in cash as part of the sale transaction. Thus, this also strongly supports George's position because presumably Belinda and her sister would have shared the $327,678.46 paid to them jointly.

[28] Belinda's explanation that George purposely transferred this to her on the day of closing on September 17, 2018, for the purpose of fashioning a case six years in advance that he had purchased the Property and then waited six years to make that allegation by relying on Belinda's receipt of this money strains credulity.

[29] Finally, even this evidence about discovering that George secretly transferred $171,401 to the Property does not make much sense. In her CPL affidavit, she has attached a trust ledger in respect of what appears to be his mortgage on his own home 64 Golden Oak Avenue. It shows certain amounts paid on his instructions towards the purchase of the Property in the amount of $171,401.12, which simply means that this amount was part of the closing funds advanced.

[30] As well, her evidence that she has been paying this off since she discovered it is unsupported. In her CPL affidavit she has included copies of statements from the former joint account showing transfers out of the account which she then says were towards George's line of credit but there is no proof of this. The amount could have been transferred to anyone, even her. She also says she paid him a lump sum of $28,384.39 and then as proof attached a TD Insurance statement showing that it paid George $29,959. This does not prove any payment from her. Indeed, she attaches a copy of a bank draft to George in this exact amount from the insurer in a later part of her CPL affidavit to show that she paid this money for renovating a basement. None of this shows what she says it does.

[31] There is no persuasive proof that she has paid any amounts back to George of any amount that he paid for the Property.

[32] The evidence that Belinda has filed has multiple holes and inconsistencies.

[33] I add that she has attached a considerable number of documents that relate to George's own financial matters in her CPL motion materials, and this corroborates George's statement that she took some of his personal financial records when she left his home.

[34] With respect to the rental of the Property, George's position is that after he purchased the Property, he asked Belinda to assist with its management as there were existing tenants. They entered into a verbal agreement that Belinda and her family could live there whenever they needed a place to stay as she frequently travelled to St. Lucia. Part of her duties would involve her placing tenants and collecting the rent and all utilities and she would deposit the rental income to the joint account which would be used to pay the mortgage and carrying costs. After paying the carrying costs and mortgage, she could keep the balance as remuneration for acting as property manager.

[35] George produced an agreement also dated September 30, 2018 that is almost identical to the one Belinda produced but which identifies George as the Owner and Belinda as the Manager for residential letting of the Property ("George's September 30, 2018 Agreement"). It provides as follows:

This Agreement shall be in force on an annual basis beginning on the 30 day of September, 2018, except for sale and purchase. This Agreement shall continue thereafter until either the Owner or the Manager/Partner terminates it, effective the last day of any month, by written notice to the other party ninety (90) days prior to said date. Either party may, not earlier than 60 days or later than 30 days prior to any renewal date, provide written notice of any proposed amendments or modifications to the Agreement, and the parties agree to negotiate in good faith the terms of any such amendment. In the event the parties cannot mutually agree on acceptable terms, the Agreement shall terminate. In the event the parties fail to provide notice of any proposed amendments to this Agreement within the period specified before the renewal period, the then-existing terms of the Agreement shall remain in full force and effect for the next one-year renewal period unless the Agreement is otherwise terminated,

LEASING AND RENTING Authority Manager Partner is authorized to negotiate, prepare and sign alt leases, including all renewals and extensions of leases and to cancel and modify existing leases for Owner. All costs of leasing shall be paid out of the Property Joint Account between the parties listed above.

Enforcement of the Leases. Manager/Partner is authorized to institute, in Owner's name and on behalf of the Owner, all legal actions or proceedings for the enforcement of any lease term, for the collection of sent or other income from the Property or fur the eviction or dispossession of the tenants or other persons from the Property. Manager/Partner is authorized to sign and serve such notices as Manager/Partner deems necessary for lease enforcement, including the collection of rent or other income. If Manager/Partner deems it necessary, Manager/Partner may retain legal counsel of Manager/Partner's choice (unless Owner supplies a legal counsel)

Manager Partner shall make management/maintenance reviews of the Property at the time of occupancy, when the tenant vacates and at such other times as Manager/Partner feels necessary or advisable and report matters concerning the condition of the Property to Owner. In the event of vacancy.

[36] Belinda's September 30, 2018 Agreement is inconsistent with what actually occurred, and is also inconsistent with what she said in her affidavit while George's September 30, 2018 Agreement aligns perfectly with what actually happened:

• Belinda's September 30, 2018 Agreement that identifies George as a Manager does not make a great deal of sense because as admitted by her, she was residing there and taking care of all of the aspects of the management of the Property. Why would George be the Manager in that case and why would there be an agreement in that regard? What purpose would it serve to name him as the Manager if this were a sale on paper only?

• Belinda's explanation was that she needed a document showing that he was the Manager because his name was on title and it was in case, she had to issue a parking ticket or there was a dispute with one of the renters and also clarified his role if he attended at the Property. None of these explanations really make a great deal of sense. If he was the titled owner and she was managing the Property, then she would need the authorization to deal with these matters, not him.

• While Belinda's September 30, 2018 Agreement references George signing leases and managing the Property, it was actually Belinda who made all the rental arrangements. This is consistent with George's September 30, 2018 Agreement.

• While Belinda's September 30, 2018 Agreement provides that George would review the Property when a tenant vacates, there is no evidence that he would do this. It would make little sense for this to be the case since Belinda says she lives there and could do this herself.

• I note that in her CPL motion materials she attached various declarations from students who said they had been residing at the Property and had not seen George involved in property maintenance, tenancy agreements, payment related matters or internal housemate dispute related matters which is also inconsistent with Belinda's September 30, 2018 Agreement but consistent with George's September 30, 2018 Agreement.

• Another issue is that Belinda's September 30, 2018 Agreement references an ownership split of 99% to 1 % and there is no mention of this in her affidavit let alone an explanation of how that fits with her evidence.

• As well although Belinda swears that the September 30, 2018 Agreement was signed before a witness, there is no witness.

[37] George says that beginning some time in 2022 Belinda and her children lived with George at his home because she was having difficulty with her husband who had been mistreating her. George agreed to assist her. However, George and Belinda ultimately did not get along. She kept telling him that she was a tenant of his home which she was not, and this made him nervous. He also received an anonymous phone call that she was plotting to steal his properties.

[38] In 2024 while she was in St. Lucia, George began searching his home and found a last will and testament in his name that he had never prepared or signed and that left his properties to Belinda. He also found a tenancy agreement for her and her children to live with George at his home that he had never prepared or signed or was aware of. George has produced both of these.

[39] He also discovered that Belinda had taken from his home the original tenant agreements in respect of the Property as well as the originals of the closing documents for the purchase of the Property. He ultimately obtained copies of the closing documents from lawyers who closed the transaction, and which are now produced as set out above.

[40] Because of what he discovered, he told Belinda he no longer wished her to manage the Property and to retrieve her belongings from his home. There is a contemporaneous email dated May 16, 2024. He refers to the Property as his property in the email.

[41] In May 2024 he sought to have the tenants pay him directly. The Landlord and Tenant Board told him to provide formal written notice, and he did so but they did not pay him. He then placed notices on the door and attended at the Property to find that the front door lock had been changed without his consent. He has been paying the mortgage since that time without any contribution from rental income.

[42] He commenced this proceeding in September 2024.

[43] He then attempted to place additional notices on the front door in May 2025 and attended with a locksmith to change the front door passcode. Prior to doing so, he phoned the police to ensure this was done in accordance with the applicable law, and Belinda indeed has a video that shows that police attended, and it must have been at George's request based on what she was saying to them.

[44] When he has attended, he provided notices in accordance with the Residential Tenancies Act.

The Court Proceedings

[45] This matter first came before the courts in May 2025.

[46] On May 27, 2025 the parties attended at a case conference before Penman J.

[47] George wanted to sell the Property and have the proceeds paid into court. At that time, Penman J. ordered that Belinda pay George the outstanding amount of the mortgage by the end of May 30, 2025 to George's counsel who would pay it to the bank. As well, the parties should open a joint bank account to be used for the carrying costs of the Property.

[48] Belinda then sought to bring a without notice CPL motion, but the court directed a case conference with both parties in attendance. At a June 3, 2025 case conference before Chalmers J., Belinda asserted that George was taking steps to sell the Property. At that time Belinda also advised that she intended to pay the remaining amount on the mortgage and put it into good standing. Like Penman J., Chalmers J. ordered that the parties attend at the bank to set up a joint bank account. He also ordered that all rents be deposited into the joint account and that the carrying costs and mortgage be paid out of the joint account. If there were insufficient funds, Belinda would have to pay it into the account to cover the payments. He also ordered that Belinda shall pay the outstanding amount required to put the mortgage into good standing. It should be made either directly to the bank or to George's lawyer who would make the payment. He further ordered on consent that neither party should sell the Property pending further order.

[49] Belinda then brought a motion for a CPL which was before me on July 16, 2025. As at that time, she had not paid any of the arrears notwithstanding her promises to previous courts as well as their orders.

[50] Belinda expressed concern that George was still trying to sell the Property. While Belinda's affidavit filed on the CPL motion mentions George's retaining a real estate agent to sell the Property (without any production of a listing or advertisement that would actually support this), even this statement of hers only references an attendance by a realtor on April 23, 2025 before she served her motion and before any of the court orders. There is no evidence supporting that he did this after he agreed that the Property would not be sold not even a bald statement in an affidavit.

[51] As noted, Chalmers J. had ordered that neither could sell it on consent. At the CPL motion, George's counsel advised me that George understood he could not sell the Property and had given an undertaking in this regard before Chalmers J.

[52] George then consented to the CPL at the hearing. Belinda again offered to continue to pay all the carrying costs and outstanding arrears.

[53] The conclusion of my endorsement reads as follows:

Belinda shall pay all carrying costs associated with the Property going forward on consent.

George shall provide Belinda with a mortgage statement and proof that he had paid all arrears from the lender's lawyer after which she shall pay him this amount which can be paid by cheque or bank draft within 5 days of receipt of proof of payment of these arrears.

[54] The parties returned to court multiple times again.

[55] At an August 25, 2025 urgent case conference requested by Belinda, she argued that she should not have to pay the arrears and could not pay the ongoing mortgage payments because George was harassing her tenants. She said this has undermined her ability to pay the mortgage and arrears. She submitted the order should be varied so that she only has to pay ½ the mortgage and none of the arrears.

[56] I timetabled an urgent motion for this to be dealt with. On a without prejudice basis, I varied the order so that she would pay ½ the $27,739.46 in arrears but have to continue paying the mortgage. I was satisfied she could afford to do it because she had said that she had a draft for the full arrears and had tried to pay them. My view was that if she had the money and then only had to pay ½ of the arrears, this would leave her with enough money to make ongoing mortgage payments pending the outcome of her motion.

[57] I ordered that if she did not pay these amounts this motion would not proceed.

[58] I also made an interim order that George not attend at the Property or within 500 feet of it also on a without prejudice basis.

This Motion

[59] Belinda has not complied with the order to pay arrears, not even half of them. She has also not paid the mortgage. She has only deposited $2,838.69 into the joint account and George withdrew it to pay himself a portion of the arrears that he paid out of pocket. While she complains that this is some kind of breach of an order I disagree. She was ordered to pay him the arrears and she failed to. He was entitled to take those funds.

[60] As Belinda has not complied with my order on July 16, 2025, she was not entitled to even argue it as per my last endorsement and that is a sufficient basis to dismiss her motion.

[61] However, as she is self-represented, I permitted her to argue the matter and even taking into account her full materials and submissions, I dismiss her motion.

George Did Not Misrepresent Anything

[62] Belinda argued that she should not have to pay any of the arrears because the only reason she agreed to pay them was because she understood that they were outstanding and that the bank had not been paid. She says she never would have agreed to pay them had she known that George had paid the arrears and she was reimbursing him for that. She said that if she had understood this, she would have referenced her evidence of having paid the mortgage for all the years prior to May 2024. But this is not really proven. What the evidence shows is that she deposited the rental payments into the joint account and then the carrying costs were paid from this account. It has yet to be proven that she supplemented the joint account with her own funds to pay the mortgage and carrying costs as she has not produced the details of what rental income she has been receiving.

[63] As well, my endorsement of July 16, 2025 very clearly says that George specifically disclosed that he had paid the arrears and that he was seeking reimbursement. The draft order also says this. Belinda consented and did not seek to appeal the order.

[64] Belinda claimed both in her affidavit and in her submissions that George had misrepresented to the court that the arrears were outstanding, but this would mean that at the July 16, 2025 hearing, without being told that George had paid the arrears, I had intuited that was the case and then wrote that in my endorsement and also that she did not see it. This is not plausible. It is as I wrote in my endorsement. George fully disclosed that he had paid the arrears and Belinda agreed to reimburse him.

There is No Persuasive Evidence of Loss of Renters

[65] One would have thought that if Belinda had lost renters because of anything George had done, she would have raised it in her previous affidavits filed, before she consented to make ongoing payments, in particular in the affidavit filed on the CPL motion heard July 16, 2025. Quite to the contrary, in that affidavit, she specifically asked for an Order that she be permitted to continue her lease agreements with international schools and that she be permitted to continue collecting funds from them. As well, she specifically sought to continue Penman J.'s Order that she pay the outstanding amount on the mortgage as well as ongoing carrying costs. This is not consistent with the international schools having cancelled their arrangement with her as at that time.

[66] She has provided letters that purport to be from organizations through whom she found students to support her argument that they will no longer send her students because of George's conduct, but these are unsworn. I note that during case conferences in providing Belinda with legal information on materials I emphasized that any evidence that was important would have to be sworn. In a case where there are the kind of divergent positions as in this one, and allegations of forgery, this is particularly important.

[67] There is a troubling inconsistency in two of the letters that purport to be from the same organization, one filed in respect of the CPL motion, and one filed in respect of this motion. In the affidavit she filed on the CPL motion she attached a letter from Haniel Leocadio Freire who placed students in her home, dated May 30, 2025 regarding rental agreements in general when students are placed. The letter says nothing about any termination of the arrangement or any problems as at that date. In her affidavit filed on this motion, she attached a letter from Haniel Leocadio Freire dated June 24, 2024 that stated that its students had mentioned ongoing problems at the Property that had caused students to request a transfer and that it would be removing its students immediately. The order of these letters is not credible. It is also not credible that Belinda did not mention this June 24, 2024 letter in her materials on the CPL motion if it in fact existed at that time and that she did not mention this alleged cancellation in her materials filed on the CPL motion if it had occurred.

[68] She has one brief unsworn and undated affidavit from a former tenant, but it lacks sufficient particulars, and it has also not been tested through cross examination. Further, Belinda did not even provide any evidence as to when this student purportedly lived there, what the lease arrangements were and when this student purportedly left.

[69] She has videos of George or his representative putting up notices on the door that the tenants are to pay him from now on, as well as his changing the locks. This was in May 2024 and May 2025. This is well before the July 16 order where she agreed to pay the mortgage and arrears and where she asked to continue the rental arrangements through international schools, and so this did not affect her students as at that time.

[70] She also argued that George had damaged her video camera on her door when he put up the notices in May 2025. It is not clear to me how what I saw on the video of someone taping a piece of paper up on a door would damage a video camera.

[71] But in any event, she confirmed that afterwards she got a new camera on the door, and the camera was only not functioning for one day. Given this, if there were more instances of George attending at the Property to "interfere" with her tenants, there should be some videotapes of this but there are none. There is a video of someone knocking aggressively on the door taken from the inside. It is not date stamped, and Belinda submitted before me that this was from July 2025, and it is taken on a cell phone. It is not clear to me how she would know this was George. As well, if it was him, why would the video have to be taken from inside the house instead of there being a video taken of him from the door camera from the outside, which based on her submissions was fully functioning at that time.

Belinda's Opposition to a Realtor Assisting with Obtaining Renters

[72] Since she says she no longer has renters, I suggested making an order that the parties seek to rent rooms in the Property out together. She did not like that idea because then George would come to the Property, and she cited her fear of him. Then I suggested ordering that a realtor come to the Property and seek to assist with finding tenants which would benefit both George and Belinda so that the mortgage would not go into default. She did not like this idea citing first concerns about individuals who realtors might select and their failure to vet them. Then, I suggested that she and George could vet the proposed tenants, and she didn't like that because George should have no role. Then, I suggested that she vet proposed tenants alone and she didn't like this either because she said that the organization she previously rented through did all the vetting and this is her preferred course.

[73] It seems to me that she just doesn't want anyone at the Property who can see what is happening in terms of her having tenants and receiving rental income that she does not then use to pay the mortgage. There is really no other believable explanation as having someone rent the rooms out, if she has indeed lost her renters, makes the most commercial sense for both of them. If she is truly the beneficial owner one would think she would want to do everything possible to prevent the mortgagee from taking possession given the sizable amount owing.

Belinda's Financial Circumstances

[74] She says she cannot pay the mortgage because she no longer has renters, but she won't agree to the Property being sold with the proceeds being paid into court pending resolution of this dispute. She says this is because she needs a place to live with her children, but she also made reference to other properties she owns or has owned, in particular a property that she still owns in St. Lucia. George says that Belinda actually lives in St. Lucia. Belinda also made reference to some businesses that she operates to earn income and so it is unclear why she must live in this Property. She provided no evidence of impecuniosity. And again, she has been collecting the rent since May 2024 and has not provided any accounting or details of what she has collected.

George's Financial Circumstances

[75] George has taken out a home equity line of credit that he has been using to pay the mortgage since May 2024 as well as the arrears. He is doing everything he can to save the Property even to his own disadvantage and essentially supporting Belinda's ability to live there in doing so. However, he does not qualify for any additional loans.

Breach of Court Orders by Belinda

[76] There are now four court orders that she has breached in respect of payment of the arrears and mortgage: Penman J.'s May 27, 2025 Order, Chalmers J.'s Order of June 2, 2025, my Order of July 16, 2025 and my varied Order of August 25, 2025.

[77] What Belinda has done is come to court each time with shifting positions that do not make a great deal of sense, each time seeking to alter promises that she has made with new unsubstantiated allegations.

[78] The corroborative evidence that she provides is wholly unpersuasive, particularly since she has failed to provide copies of the lease agreements with tenants or any agreements with these organizations through whom she obtains renters over the last year and one half and/or details that would show who the tenants are who allegedly left because of George and when.

[79] What Belinda essentially wants to do is continue living in the Property that she has not paid the mortgage on since May 2024, without paying the mortgage all the while impeding George's ability to examine whether she actually has lost renters and requiring him to keep paying.

[80] Therefore, I order that:

• Belinda shall pay the ongoing mortgage and all arrears.

• The monthly mortgage is $4,792.99 and she shall pay this into the joint account on the first of each month beginning November 1, 2025.

• She shall pay the arrears in the amount of $27,739.46, which George paid, within 5 days.

• There are additional arrears owing now of $19,171.96 because of her nonpayment in breach of court orders, and she shall pay this within 5 days.

• Further, since Belinda takes the position, she has lost her renters, George may arrange for a realtor to immediately attend at the Property to assess the rental potential, and Belinda shall provide the realtor access.

Issue 2: Has George breached a court order regarding the utilities?

[81] I also reject her position that George has breached any order by putting Hydro into his name. I did make an order that he not transfer utilities into his name on July 16, 2025 so that Belinda could pay it directly. To prove he breached this order, she produced one Hydro bill dated June 19, 2025 in her sister's name and one dated July 18, 2025 in George's name and argued this meant he had changed it after my order. However, he changed it before my order as this is what Belinda argued before me on July 16, 2025 that prompted my order. It is implausible that the name on the bill was changed back to Shushanna's between July 16 and 18 and that George then changed it back again and that this was then reflected on the bill two days later. What the July 18 bill shows is that it remained in his name at that time.

Issue 3: Should an order be made restraining George from attending at the Property?

[82] Belinda has made serious allegations against George in an affidavit that relate to alleged threats, intimidation and stalking. Her mother has provided an affidavit in support. These have been untested by cross examination and George denies them.

[83] There is a sufficient conflict on the evidence that this should not be determined on a paper record.

[84] I direct that a hearing take place in person before me on an expedited basis where all witnesses who have provided evidence must attend. The parties shall attend before me on November 10, 2025 at 9:00 am to schedule the in-person hearing which will be expedited.

[85] In the interim, I continue the without prejudice order because of the serious nature of the allegations.

Issue 4: Should the trial be expedited?

[86] Finally, because of the nature of the matter and the impending overall default in the mortgage, I have arranged for this matter to be heard over a five-day trial on January 19, 2025. It is in both these parties' interests that this come to a swift conclusion.

Conclusion

[87] Belinda shall deposit all rental income into the joint account.

[88] Belinda shall pay the arrears in the amount of $27,739.46 as well as the current arrears in the amount of $19,171.96 minus the amount of $2,838.96 that George withdrew within 5 days.

[89] Belinda shall pay the monthly mortgage in the amount of $4,792.99 into the joint account on the first of each month beginning November 1, 2025.

[90] George shall continue to make payments to the Toronto Water and Solid Service Utility and for the Property insurance.

[91] George shall make arrangements with his bank to have the mortgage payments automatically paid from the joint account.

[92] Neither George nor Belinda shall withdraw any funds from the joint account.

[93] George may arrange for a realtor to immediately attend at the Property to assess the rental potential, and Belinda shall provide the realtor access. To be clear, these reasons are being released on October 31, 2025 and Belinda shall give a realtor access the week of November 3, 2025.

[94] The interim order I made on August 25, 2025 is continued on a without prejudice basis. The parties shall attend a case conference before me on November 10, 2025 at 9:00 am to schedule the date for the in-person hearing. If Belinda does not attend at this case conference, then the interim order restraining George from attending the Property shall be vacated.

[95] The trial is scheduled for five days commencing on January 19, 2025.

[96] The parties shall conduct discovery over zoom on November 17 and 18, 2025.

[97] Undertakings shall be answered by December 8, 2025.

[98] The parties shall arrange a pretrial to occur before the end of the year.

[99] The parties may arrange urgent case conferences with me at any time to address production issues to ensure that this matter proceeds to trial as scheduled.

[100] In the meantime, I order as follows:

a. Belinda shall produce an accounting of all rental income she has received since May 2024 as well as the names of all renters, copies of any lease agreements and if she does not have the agreements, then the amount that she rented for within 10 days.

b. Belinda shall produce all agreements that she has had with any of the international schools that she has rented the Property through including the names of any students who rented, the duration of the time that they rented and all written communications she has had with these international schools related to the renting of rooms and any income she has received from these international schools, all within 10 days.

c. Belinda shall produce the master videos that show the dates as not all of them have dates, all within 10 days.

[101] If Belinda does not produce the rental agreements and an accounting of rental receipts, make the payments of arrears and/or ongoing mortgage payments and/or will not give a realtor access, then George may arrange an immediate case conference to seek a remedy. If that is required, then George should advise what the remedy he seeks is in advance of the case conference in a case conference brief no longer than 5 pages and Belinda may respond with a case conference brief no longer than 5 pages.

[102] I award costs to George in the amount of $6,000 in respect of the portion of this motion where Belinda requested to be relieved from paying the mortgage and carrying costs as he was wholly successful.

Papageorgiou J.

Released: October 31, 2025