The appellant appealed a motions judge's decision finding that a solicitor acted for the appellant on the entirety of a single loan transaction and that the solicitor's receipt of $90,000 was on behalf of the creditor.
The Court of Appeal upheld this finding, noting the single mortgage commitment and letters of instruction.
However, the Court allowed the appeal in part regarding costs, finding no justification for the motions judge's award of solicitor and client costs.
The costs order was varied to party and party costs fixed at $5,000.
The appeal was otherwise dismissed with costs to the respondents fixed at $5,000.
