The respondent, Krates Keswick Inc., purchased and took assignments of three loans made to the appellants and related companies.
The motion judge granted judgment against the appellants on all three loans, granted possession of the Marko Lands to the respondent, dismissed the appellants' counterclaim, and refused to stay enforcement of the judgment.
On appeal, the appellants challenged the motion judge's decision.
The Court of Appeal upheld the judgment on all three loans and the dismissal of the counterclaim.
However, the court partially allowed the appeal by staying enforcement of the judgment relating to the two secured loans pending determination of what credit, if any, the appellants might be entitled to based on the value of the Marko Lands, which had been subject to a resulting trust determination in subsequent proceedings.
Enforcement of the unsecured loan was not stayed.