The appellants appealed a summary judgment granted in favour of the respondent bank on its claim and dismissing the appellants' counterclaim.
The appellants argued the bank breached a duty by misrepresenting its willingness to review existing loans and advance additional funds for a subdivision.
The Court of Appeal dismissed the appeal, finding no factual foundation or evidence of any such misrepresentation, and upheld the motion judge's conclusion that there was no genuine issue for trial.
