Key Points:

• Background:

  • Maryam Furney, Alex Furney, and the Estate of Mamlekat Adhami sued multiple defendants, including Dominion Lending Centres Inc. (“DLC”), alleging mortgage fraud and syndicate fraud.
  • They sought damages and specific performance of a $7 million mortgage funding commitment.

• Superior Court Ruling:

  • DLC brought a motion before Justice Centa to dismiss the action as frivolous, vexatious, and an abuse of process.
  • Justice Centa agreed and dismissed the case.

• Appeal Proceedings:

  • The appellants filed a Notice of Appeal but failed to perfect it within the required time.
  • The Registrar issued a Notice of Intention to Dismiss for Delay.
  • The appellants sought an extension, arguing their case had merit.
  • Justice Copeland dismissed the extension request, citing:
    • The claim was properly found frivolous and vexatious.
    • The appeal lacked merit.
    • There was no reasonable explanation for the delay.
    • Granting an extension would prejudice the respondents.

• Court of Appeal Decision:

  • The appellants sought a panel review, arguing procedural unfairness.
  • The court upheld Justice Copeland’s ruling, agreeing that the case was properly dismissed.
  • Motion dismissed; DLC awarded $5,000 in costs.