The mortgagee appealed a final order discharging a mortgage and awarding full indemnity costs to the mortgagors.
The motions judge had found that the mortgagee acted in bad faith by claiming the mortgage was in default due to insufficient insurance and adding improper charges to the discharge statement.
The Divisional Court dismissed the appeal, finding no error in the motions judge's application of the law to the undisputed facts or in her exercise of discretion regarding costs.
