Claims:

• $1,200,000 for breach of contract and undervalued property sales
• $3,800,000 for pain and suffering
• $50,000 for discarded belongings

Key Facts

• Involves a power of sale under a mortgage where Plaintiffs were mortgagors and Moneybroker.ca was the mortgagee.
• Terry Walman was the mortgagee’s lawyer.
• The Statement of Claim was criticized for being unclear and lacking essential details.

Allegations Against Terry Walman

• Represented the mortgagee and allegedly advised the Plaintiffs during the mortgage signing.
• Accused of manipulating the Plaintiffs and sabotaging refinancing efforts.
• Alleged to have sold the Plaintiffs’ properties at discounted prices to friends without proper accounting.
• Plaintiffs claimed Walman intimidated an appraiser and exhibited cruelty during foreclosure.
• Accused of violating human rights and unethical conduct.

Legal Findings

• Motion to Strike:
  • Filed by Walman to dismiss the action against him, arguing the Statement of Claim disclosed no reasonable cause of action.
  • The court agreed, noting Walman owed no duty of care to the Plaintiffs as he represented Moneybroker.ca.
  • The claim lacked material facts and contained unsupported, conclusory statements.
• Charter Rights:
  • Allegations of Charter rights violations were dismissed, as the Charter does not apply to private disputes involving non-governmental parties.

Court's Decision

• Statement of Claim Struck: The claim against Terry Walman was struck without leave to amend.
• Dismissal: The action against Walman was dismissed.
• Costs: Plaintiffs were ordered to pay $10,000 in costs to Walman.