The applicant sought a declaration that a mortgage was paid off and for its discharge, alleging payment to the respondent law firm via third-party bank drafts.
The law firm denied accepting the funds as payment for the mortgage, citing issues with third-party identity verification and authorization.
The court found significant factual disputes not amenable to a short application hearing.
Procedural orders were made, including a timetable for evidence, consolidation with a related action, payment of disputed funds into court, and a ruling that the law firm's counsel, who had sworn an affidavit, could not continue to act as counsel for the corporate respondent.
