The appellants appealed a provisional summary judgment order made against them in a mortgage action.
They had defaulted on a syndicated mortgage loan and alleged fraud against the lenders, including the respondents.
The motion judge granted summary judgment, finding no genuine issue requiring a trial and no evidentiary basis for the fraud claims against the respondents.
The Court of Appeal dismissed the appeal, affirming the motion judge's decision.
The court held that the motion judge correctly applied summary judgment principles, including the holistic approach and the "best foot forward" rule, and properly exercised discretion regarding necessary parties and the risk of inconsistent findings with a related fraud action.