Finally, the appellant seeks leave to appeal the costs
award in the court below.
 I will deal with the appellant’s submissions in the order
set out above.
(1) The claim in contract
 The claim based on contract fails because of the application judge’s findings that there was no contract between the
parties and that Arlindo’s acts were done gratuitously. These
findings of fact are unassailable. The appellant has demonstrated no palpable and overriding error in the application
judge’s assessment of the evidence.
 Arlindo’s good deeds were performed with no expectation
of compensation. They could not provide consideration for a nonexistent contract.
(2) The claim under the Bills of Exchange Act
Absence of consideration
 The application judge’s findings of fact that there was no
consideration or contract are also determinative of the appellant’s arguments under the BEA.
 It is settled law that, as between the immediate parties,
the failure or absence of consideration is a complete defence to
an action on a bill of exchange.
 In The Law of Banking and Payment in Canada, looseleaf
(2016-Rel. 1, Vol. 3) (Toronto: Thomson Reuters, 2015), Bradley
Crawford describes the effect of this defence as follows, at
Both total failure of consideration and complete absence of consideration
(as, for example, where a gift is made by cheque of the donor but not completed
by payment upon presentment) are defences to actions upon the engagements
of immediate parties to a bill, cheque or note. A gratuitous promise of payment
does not become binding at the suit of the immediate promisee merely because
it is expressed formally in a negotiable instrument.
(Emphasis added; footnotes omitted)
See, also, Benjamin Geva, “Absence of consideration in the law
of bills and notes” (1980), 39 (2) Cambridge L.J. 360; Bradley
Crawford, Crawford and Falconbridge on Banking and Bills
of Exchange, 8th ed. (Toronto: Canada Law Book, 1986),
at pp. 1429-30.
 The appellant acknowledges that a total absence of
consideration would be a defence to an action on the cheque, but