Key Facts:

• Parties Involved:

  • Toronto-Dominion Bank (TD): Applicant seeking possession of a property and removal of any occupants.
  • Sandra Andrade: Respondent, registered owner of the property at 270 Scarlett Road, Unit 1201, Toronto.
  • Sasenarine Singh: Claims to be the beneficial owner of the property based on a trust agreement with Andrade.

• Property Dispute: The case revolves around ownership of a condominium at 270 Scarlett Road, Unit 1201. Andrade is the registered owner, but Singh claims beneficial ownership under a trust agreement.

• Bank's Position: TD argues it had no knowledge of Singh’s claimed beneficial interest when it advanced funds to Andrade for the property's purchase. TD seeks possession due to mortgage default.

• Singh's Position: Argues TD was aware of his interest and that the enforcement proceedings are deficient. Claims TD should have also notified him of any sale processes.

Court's Findings:

1. Triable Issues Identified:

   • Whether Singh has a beneficial interest in the property.
   • Whether TD had actual notice of Singh’s interest and the trust agreement.

2. Trial Ordered: A trial of these issues is scheduled for December 17, 2024.

3. Procedural Directions:

   • Parties must exchange relevant documents and may conduct further examinations before the trial.
   • Singh must continue making mortgage payments, and Andrade and Singh must arrange a case conference regarding their separate disputes.

Conclusion:

The court found that there are factual disputes requiring a trial to determine Singh’s claims and TD’s knowledge. The case addresses significant issues of property law, including beneficial ownership and the obligations of a mortgagee. There is no clear "successful party" in the traditional sense, as the court did not make a final determination on the merits of the dispute.