APPEAL by the defendant from the judgment of the Appellate Division of the Supreme Court of Ontario (1) allowing the plaintiffs' appeal from the judgment of Raney J. (2) dismissing the action, which was brought upon the covenants for payment contained in two mortgages executed by the defendant to the plaintiff Cooper. The trial judge's grounds for dismissal of the action were that the moneys advanced by Cooper to the defendant and sought to be recovered in the action were advanced for an illegal purpose; and also that plaintiff Cooper had refused to answer certain relevant questions put to him on his examination for discovery. The Appellate Division reversed the judgment on the grounds that there was no evidence of any illegality in connection with the mortgage transactions; that in any case the plaintiff's cause of action was established without relying on any illegal transaction; and that the refusal to answer questions on the examination for discovery, no substantive motion grounded on such refusal having been launched by defendant before the trial, could not be a ground for dismissal of the action at the trial. On the appeal to this Court, on the conclusion of the argument of counsel for the appellant, and without calling on counsel for the respondents, the Court delivered judgment dismissing the appeal with costs, the Chief Justice stating that the members of the Court were in accord with the views expressed by the Appellate Division and in agreement with the judgment delivered therein by Orde J.A.; with that learned judge they were of the view that defendant failed to adduce any evidence in support of his plea of illegality; he was bound to prove, not only the illegal-