The appellants appealed two orders of the motions judge.
The first order dismissed their action and struck their defences to the counterclaim due to their failure to post security and pay outstanding costs awards.
The second order granted judgment to the respondents on their counterclaim, declaring them owners of personal property left in a building.
The Court of Appeal dismissed the appeal, finding no error in the motions judge's exercise of discretion to strike the pleadings, and agreeing that the appellants had intentionally abandoned the property pursuant to an agreement.
