The appellants appealed a trial judgment regarding an aborted real estate transaction where the purchaser was identified as a corporation 'In Trust'.
The appellants had pleaded that the corporation was acting as a trustee for a disclosed beneficiary, but later sought to amend their pleadings at the end of the trial to hold the trustee liable.
The trial judge denied the motion to amend and held only the corporate beneficiary liable.
The Court of Appeal dismissed the appeal, finding that the trustee status was not a live issue at trial due to the appellants' own pleadings, and awarded costs to the respondents.
