The appellants appealed a judgment granting the respondent bank the right to enforce a defaulted mortgage.
The appellants argued that the discovery of asbestos substantially increased their costs and sought more time to pay.
The Court of Appeal dismissed the appeal, noting that the appellants had missed about a year and a half of payments and failed to refinance despite a previous adjournment.
The court affirmed that the appellants have no defence to the action but retain the right to redeem the mortgage at any time before the property is sold.
