The appellants appealed an order dismissing their motion to add their mortgagee, Home Trust Company, as a defendant in their action against their insurer.
The appellants sought to add the mortgagee solely to obtain an injunction against mortgage enforcement proceedings while the insurance dispute was resolved.
The Divisional Court dismissed the appeal, finding that an injunction is a remedy, not a cause of action, and the proposed amended statement of claim failed to plead any tenable cause of action against the mortgagee.
