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The court dismissed summary judgment motions by a lender and a lawyer due to genuine issues regarding unconscionability, but granted summary judgment to another lawyer with minimal involvement.
The plaintiff lender brought a motion for summary judgment on a collateral mortgage registered on the defendants' home.
The defendants counterclaimed alleging undue influence and unconscionability.
The court dismissed the lender's motion, finding genuine issues for trial regarding the interplay between undue influence, unconscionability, and independent legal advice.
The court also dismissed the motion of the defendants' son's lawyer, finding genuine issues regarding a conversation with the defendant.
However, the court granted summary judgment in favour of a lawyer friend of the son who had minimal involvement, finding no basis for liability.
