The appellant appealed an order of the Master refusing leave to amend its Statement of Claim in an action for a real estate commission.
The proposed amendments sought to add claims for express, implied, and constructive trusts over funds held in a solicitor's trust account, and to obtain a certificate of pending litigation against unrelated lands.
The Divisional Court upheld the Master's finding that the proposed amendments were not tenable in law, as the relationship between a real estate agent and vendor is one of debtor and creditor, not a trust relationship.
The court also dismissed the appellant's motion for an injunction pending appeal, finding no serious issue to be tried, no irreparable harm, and that the balance of convenience favoured the respondents.
