Key Points

• Mortgages:
  • $650,000 by DSMNK (assigned to Flexpark) against 85 Twin Willow Crescent.
  • $330,000 by 2624221 Ontario Inc. (Westhaven) against the same property.
• Summary Judgment Motions: Address defaults on the mortgages.
• Claims:
  • Plaintiffs seek to enforce the mortgage agreements.
  • Defendants allege fraud and misrepresentation, counterclaiming against multiple parties for collusion.

Court Orders

• Summary Judgment:
  • Granted for Flexpark and Westhaven, enforcement stayed pending counterclaim trial.
• Counterclaims:
  • Counterclaims against Flexpark, Westhaven, Luigi Lato, Peter Groccia, and Rosa Groccia proceed to trial.
  • Counterclaims against Sandra De Bartolo and Di Mauro Law dismissed.

Legal Findings

• Genuine Issue for Trial: Required for allegations of conspiracy and fraud, but not for mortgage payment obligations.
• Unconscionable Transactions Relief Act: Insufficient evidence to relieve mortgage obligations.
• Duty of Care: Lawyers for the lenders owed no duty to the defendants, leading to dismissal of related counterclaims.

Conclusion

Summary judgment was granted to the plaintiffs for the mortgage amounts but stayed pending the counterclaims trial. Some counterclaims will proceed to trial, while others were dismissed.

Total Monetary Award:

• Flexpark Inc.: $773,297.82 plus interest at 8% per annum from March 24, 2022, and legal fees.
• Westhaven Income Inc.: $498,345.20 plus interest accruing at 14% per annum from January 22, 2024, and legal fees.

The total monetary award granted to Flexpark and Westhaven is $1,271,643.02, excluding the accruing interest and legal fees.