The appellants appealed a summary judgment in a mortgage enforcement action ordering them to pay over $626,000 and deliver possession of a mortgaged rental property.
The appellants failed to appear for the appeal, which proceeded on written materials after multiple adjournment requests were denied.
The appellants argued the second mortgage was void ab initio because the respondent allegedly knew the first mortgage was in default or failed to conduct due diligence.
The Court of Appeal dismissed the appeal, finding it was the appellants' responsibility to ensure the first mortgage was in good standing.
