Key Issue: Junhua Wang sought the appointment of a receiver over a property in Markham, Ontario, due to an unpaid mortgage.

Background

• Hong Jing & Lihan Jing (mother and son) own the property jointly.
• They granted Wang a second mortgage of $1.1 million in April 2023.
• No payments were made after August 2023; the loan matured in May 2024.
• Wang claims $1.33 million is owed with 18% annual interest.
• The Jings argue the mortgage was part of broader financing related to a business venture (Arkland Homes).

Key Legal Findings

• Contractual Right to a Receiver: The mortgage agreement allowed Wang to seek a receiver.
• Court’s Consideration:
  • The security risk to Wang due to increasing debt.
  • The Jings’ failure to refinance until late 2024.
  • The absence of evidence proving Wang was involved in the broader financing scheme.
• Receivership Justified: The judge ruled it was just and convenient to appoint a receiver.

Outcome

• The receiver was appointed to manage and enforce the mortgage.
• Some disputes over the terms of the order remained, requiring further case conferences.
• The court did not explicitly award damages or costs in this decision.