Plaintiff
Defendant
Overview of the Action: In "Lloyd Investments Ltd. v. Wang," Lloyd Investments Ltd. sought foreclosure of a property in Vancouver due to default on a mortgage held by Chunhong Wang. The central issue revolved around the validity of a power of attorney (POA) Wang's son used to secure the mortgage, which Wang claimed was forged.
Legal Arguments/Issues: Lloyd Investments argued for the validity of the mortgage and the associated POA, asserting that all legal and procedural requirements were met. Chunhong Wang countered that the POA was fraudulently obtained by her son, thereby invalidating the mortgage. She denied knowledge or consent of the transactions made under the POA.
Held: The court found that the POA was valid and that the mortgage was legally binding. It highlighted inconsistencies and lack of credible evidence in Wang's claims of forgery and non-involvement. The court emphasized that the burden of proving fraud rested on Wang, and she failed to meet this burden.
Costs/Damages Awarded: Lloyd Investments Ltd. was entitled to an Order Nisi with a shortened redemption period of one week. The court established the total amount due to Lloyd Investments as $2,623,383.31 as of December 5, 2022, with additional interest at a rate of 12% and legal costs on a solicitor-client basis as stipulated in the mortgage agreement.
Court
Supreme Court of British ColumbiaCase Number
S204229Practice Area
Real estateAmount
$ 2,623,383Winner
PlaintiffTrial Start Date
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