The applicant vendor sought an urgent order at a case conference to compel a real estate broker to release a $740,000 deposit to facilitate the closing of a real estate transaction, despite the broker's claim to a commission trust.
The court declined to make the order as the broker had not been formally served and the trust issues required further consideration.
The court also ordered the second mortgagee to discharge its mortgage upon payment of the undisputed amount and payment into court of $97,000 to secure disputed fees, interest, and costs.