The plaintiff sought summary judgment to void the sale and mortgage transactions of two properties (Bradford and Caledon) previously owned by the plaintiff and sold under power of sale by the defendant Roy D'Mello and his companies.
The court found numerous "badges of fraud" and a strong prima facie case of sham or fraudulent transactions due to lack of documentation, questionable dealings, and evasive testimony from various defendants and related parties.
The court granted partial summary judgment, declaring the current ownership and mortgages on both properties void and directing the Registrar of Land Titles to restore the plaintiff as owner and discharge the fraudulent mortgages.
