The appellants appealed a summary judgment granting the respondent monies due under a defaulted mortgage.
The appellants argued the judgment should not have been granted or should have been stayed because of an ongoing 2011 action alleging misappropriation of funds by a financial advisor who allegedly controlled the respondent.
The Divisional Court dismissed the appeal, finding no evidence linking the respondent to the defendants in the 2011 action and no triable issues regarding liability under the mortgage.
The court also denied leave to appeal the motion judge's costs award.
