The appellants appealed a summary judgment order granting the respondent a shortfall of $58,067.48 following the sale of a property under power of sale.
The appellants argued the motion judge erred in determining the sale price by 'rectifying' a Land Transfer Tax statement contrary to the Land Titles Act and reversing the burden of proof.
The Court of Appeal dismissed the appeal, finding the motion judge did not rectify the document but simply weighed the evidence to determine the actual consideration received, and that s. 78(4) of the Land Titles Act did not apply.
