4 execution collectors lined up for the funds: the Financial institution of Montreal, the Toronto-Dominion Financial institution, Amex Financial institution of Canada, and a personal creditor, Shohreh Eslami-Manouchehri. Then the borrower’s former partner, Zahra Salimi Marand, stepped in. She held a household court docket order from September 17, 2025, granting her $387,919 in spousal and little one help.
Salimi Marand argued her judgment ought to rank forward of the banks and the opposite collectors. She requested the court docket to invalidate their writs and to put aside an earlier default judgment that Eslami-Manouchehri held towards her former partner.
Affiliate Justice Jolley rejected each a part of that argument. Precedence amongst collectors, the decide held, is fastened when the fund is created – right here, when the property sale closed in January 2020. At that time, the banks and Eslami-Manouchehri already held execution judgments towards the borrower. The help order didn’t exist for an additional 5 years and couldn’t attain again to leapfrog them.
The court docket leaned on settled authority, together with a 2013 Ontario case the decide known as almost equivalent, the place a toddler help order obtained days after a sale was denied precedence over earlier judgment collectors. Underneath Ontario’s Collectors’ Reduction Act, 2010, the ruling stated, the order of fee can’t be rewritten on equity grounds alone.
The decide acknowledged the partner’s scenario was troublesome however stated sympathy for one claimant can’t override the knowledge that lenders and the broader credit score system rely upon. The court docket additionally renewed an execution writ for the Toronto-Dominion Financial institution that had lapsed in 2024, noting the financial institution had by no means deserted its declare and had taken half within the proceedings since 2021.
