Key Facts:

• Anne Goegler (Applicant) was defrauded by Martin Brennan (alias John Doe) after meeting him on a dating app.
• Brennan convinced Goegler to wire €290,000 (approx. CAD $430,000) to an account under Husphere Integrated Services Ltd.
• The Applicant sought a freezing order and a tracing order to recover the funds.

Procedural History:

• Service of Notice:
  • Husphere was served via mail at its registered office.
  • Brennan was served through email and WhatsApp, his known communication methods with the Applicant.
  • The Royal Bank of Canada (Respondent) was also properly served and did not oppose the application.

Court’s Findings:

• The court found Goegler’s affidavit credible, noting a familiar pattern of fraud.
• Cited legal principles:
  • Money transferred under a mistake of fact is recoverable (B.M.P. Global Distribution Inc. v. Bank of Nova Scotia).
  • No intention by Goegler for Brennan or Husphere to benefit from the funds, nor was there any consideration provided by them (McGuinty Law Offices v. 13819850 Canada Inc.).
  • It would be inequitable for Brennan or Husphere to retain the funds obtained under false pretenses (CIBC v. Bloomforex Corp.).

Relief Granted:

• The court granted all relief sought by the Applicant, including a freezing and tracing order.
• An earlier, discontinued application file containing personal details was sealed to protect the Applicant’s privacy.

Conclusion:

• The court issued an order in favor of Goegler, allowing her to proceed with efforts to recover her misappropriated funds.
• No specific mention of costs or additional damages is made in the decision..