Receiver and mortgagee failed to provide sufficient proof that they owned loans

Chancery List – interlocutory injunctive relief - default of loans for the purpose of purchasing residential investment property – received appointed over the properties – loans transferred to another entity – receiver has sought direct payment of rents – proceedings seeking permanent injunctive relief – prevent trespass, occupation of the property or interference with the receivership – defendant maintains that the original lender overcharged him on the loans – fair question to be tried – balance of justice – defendant will be unable to meet any award of damages – technical objections – mandatory injunction sought – plaintiff must establish a strong case – first two reliefs are prohibitory and go to the core of the plaintiff’s application – mandatory relief is ancillary to these – restraining the defendant from interfering with the receiver held to be mandatory in nature – intended effect of granting the orders is to facilitate the sale of the properties – receiver injunctions rarely proceed to a full trial – plaintiff’s proofs are not in order and they have not satisfied the fair question or strong case test – difficult to discern from redacted extracts what was being transferred in global deed of transfer – plaintiffs have failed to adduce necessary proof to establish they are entitled to the relief sought – absence of proof of transfer of loans – transfer of loans and mortgages between the original bank’s companies – validity of appointment of receiver – obiter view that the plaintiffs had not established the continuing validity of receivership subsequent to the transfer of the loans to the second plaintiff – court refuses the application for interlocutory relief.