The appellants appealed a decision of the Superior Court of Justice regarding the entitlement to deposits in a real estate transaction.
The application judge had determined that the respondents were prima facie entitled to the deposits based on the written contracts.
The appellants argued the application should have been converted to an action and raised claims for relief from forfeiture.
The Court of Appeal upheld the application judge's decision, finding that the application was properly authorized under the Rules of Civil Procedure, that there were no material facts in dispute, and that the deposits were true deposits with no evidence of disproportionality or unconscionability.
