Background: Citifund Capital Corporation and Citifund (Good) Capital Ltd., represented by John Good, were engaged by Vintop Development Corporation, Luning Yu, and Tracy Dong to secure financing for a condominium development in New Westminster. Citifund was to be paid a commission if they obtained a loan commitment either within specified guidelines or on terms acceptable to Vintop. Citifund secured a commitment from Trez Capital Limited Partnership, but the terms did not meet the guidelines or Vintop’s acceptance.

Legal Issues:

• Whether Citifund was entitled to a commission for obtaining the loan commitment.
• Interpretation of "on terms acceptable" within the agency agreement.
• Consideration of evidence regarding Vintop's acceptance of the loan terms.

Court’s Decision: The appeal was dismissed. The court found that the loan commitment did not meet the specified guidelines and was not on terms acceptable to Vintop. The court upheld the lower court's interpretation that the phrase "on terms acceptable" was not limited to the subjects identified in the loan guidelines. The judge did not err in considering the priority of the mortgage required by BC Housing.

Costs and Award: The court did not specify a total amount of costs or an award in favor of the successful party, Vintop Development Corporation. The judgment affirmed that Citifund was not entitled to the claimed commission of $821,250.