CONDOMINIUMS - Purchase and sale of – Deposits - Held in trust

Law360 Canada ( December 13, 2023, 6:50 AM EST) -- Application by Randy Burbridge (Randy) for order to transfer condominium into his name as beneficial owner; Alternate application for award of damages. Randy and Pat Casullo (Pat) were childhood friends. Pat suggested that Randy purchase a condominium in Toronto to decrease his daily commute. Randy purchased a condominium for $165,000. Pat advanced $165,000 to Randy for this purchase (“Loan”). The Defendants, Pat and his wife, Denise, obtained a mortgage over the condominium in the amount of $145,000. In June 2004, Randy was charged with impaired driving and convicted. Prior to his incarceration, the condominium was transferred to Pat and Denise to protect him from creditors. When Randy was released from prison, he moved back into the condominium and began paying Pat and Denise large periodic lump sums to pay off the Loan. Randy asked that Pat and Denise reconvey the condominium to him, but they refused, claiming that the mortgage was in default and the transfer to them was a foreclosure. The Defendants said Randy lived in the condominium as their tenant....
LexisNexis® Research Solutions

Related Sections