The appellants appealed a trial judgment finding that the respondent Bank had not misrepresented whether their mortgage was life insured.
At the outset of the appeal, an agent for the appellants' counsel requested an adjournment due to counsel's medical condition.
The Court of Appeal denied the adjournment, noting the age of the appeal, the unsatisfactory form of the request, and the prejudice to the respondent.
On the merits, the Court found no palpable and overriding error in the trial judge's factual findings that the appellants knew the mortgage was not life insured.
The appeal was dismissed with substantial indemnity costs awarded to the respondent.
