Trent Morris

The appellants appealed a partial summary judgment granted on a $400,000 promissory note given to the respondent vendor on the closing of a real estate transaction.

The appellants sought to set-off claims against the note, but the motion judge only permitted two conceded claims to go to trial and granted summary judgment for the balance.

The Court of Appeal dismissed the appeal, finding no error in the motion judge's conclusion that there were no genuine issues for trial regarding the other set-off claims, nor in his decision not to stay enforcement of the judgment pending the trial of the counterclaims.