Overview:

• This case involves a mortgage fraud scheme where several individuals and entities, including John Doe, Jane Doe, and Xuan Dieu Vy Nguyen (Defendants), allegedly misrepresented ownership of a Mississauga property to obtain a fraudulent loan and mortgage.

Key Facts:

• A fraudulent mortgage led to a Tribunal Hearing, declaring it a "fraudulent instrument."

• Chicago Title Insurance (Plaintiff) paid $620,500.13 under a Title Insurance Policy and traced the fraudulent funds to the Defendants' accounts.

Legal Proceedings:

• An ex parte Mareva Injunction was issued on July 13, 2023, freezing the Defendants' accounts to prevent asset dissipation until the case concluded.

Court's Decision:

• The court extended the Mareva Injunction, finding a strong prima facie case of fraud and a significant risk of asset dissipation in favor of the Plaintiff.

Key Judgment Points:

• Fraud Evidence: Adequate evidence supported the fraud claims, including traced funds and Defendant statements.

• Asset Dissipation Risk: The fraud indicated a high risk of asset removal or concealment.

• Balance of Convenience: The injunction was necessary to prevent further loss and ensure potential recovery.

Further Actions:

• The Plaintiff was authorized to seek a default judgment.

• Defendant Xuan Dieu Vy Nguyen, self-represented, could give oral evidence due to language barriers.

Conclusion:

• The court upheld the Mareva Injunction and took steps to ensure fairness, especially for self-represented parties.

• Chicago Title Insurance Company was the successful party.

Monetary Award/Costs:

• No specific damages were awarded beyond the $1,465,000 frozen under the Mareva Injunction, covering amounts held in the Defendants' accounts. The Plaintiff may seek further monetary awards through default judgment.