The appellants appealed the dismissal of their application to set aside a Notice of Sale and stay a pending sale related to a vendor takeback mortgage default.
They argued the redemption amount was inflated due to an illegal interest rate and unjustified charges, prejudicing their ability to obtain financing.
The Court of Appeal dismissed the appeal, finding the issue moot as the property had been sold and no stay was sought pending appeal.
The court noted evidentiary problems and stated that the questions of amounts owing were better suited for adjudication in the outstanding mortgage action.
