Mitchell Solish

The appellants appealed a judgment of the Superior Court of Justice.

The Court of Appeal dismissed the appeal, agreeing with the motion judge's reasons.

The court found there was nothing in writing to support the appellants' defence, and their affidavit material did not raise a viable issue concerning the bank's knowledge.

The appeal was dismissed with costs fixed at $3,000.

The appellants appealed a summary judgment granting possession and judgment on the covenant to the respondent bank.

The appellant wife argued she should have had independent legal advice as the mortgage was a 'business loan' for her husband.

The Court of Appeal dismissed the appeal, finding that the wife benefited from the transaction, was a sophisticated party, and the motion judge did not err in rejecting her non est factum defence.