BY THE COURT: —
 The respondent, Brad Brown, and Lachlan Laurie operated
a jewellery store in London, Ontario through their company,
1079597 Ontario Limited. Their business venture started in July
2014. As part of their business arrangement, they each took out
a life insurance policy on the other’s life, with the company paying
the premium. One policy insured Mr. Laurie’s life for $250,000 (the
“policy”); it named Mr. Brown as the sole beneficiary.
 Unfortunately, Mr. Laurie became ill less than a year after the
business venture started. Mr. Laurie died on November 12, 2015.
 Disputes then arose between Mr. Brown and Mr. Laurie’s
estate. His widow, the appellant Donna Laurie, acts as estate
trustee of the estate. The parties agreed to place the proceeds
from the policy in an escrow account (the “proceeds”).
 Mr. Brown commenced this action against the appellants
seeking two forms of relief. First, he sought a declaration that he
was entitled to the proceeds as the named beneficiary under the
policy. Second, Mr. Brown sought judgment on a $42,000 promissory note that he alleged Mr. Laurie had executed in respect of
the balance of the subscription price owed for Mr. Laurie’s shares
in the company. Mr. Brown alleged that a share purchase agreement he, 1079597 Ontario Limited and Mr. Laurie entered (the
“share purchase agreement”) misstated the purchase price for Mr.
Laurie’s share and that Mr. Laurie gave him the promissory on
account of the balance owing for his shares.
 In their fresh as amended statement of defence and counterclaim, the appellants deny any liability on the promissory note
and plead that Mr. Brown would be unjustly enriched if he were
to receive the proceeds. The appellants also counterclaim seeking
( i) an order that they are entitled to the proceeds (a) by virtue of
an agreement made by Mr. Lachlan and Mr. Brown that the proceeds of the insurance policies were to go to the estate of the
deceased shareholder or (b) by virtue of a constructive trust; and
( ii) a mandatory order requiring Mr. Brown to purchase the
estate’s shares in the company for $250,000.
 Mr. Brown moved for summary judgment on his claims in
respect of the proceeds and the promissory note. He also sought
summary judgment dismissing the counterclaims.
 The motion judge granted summary judgment declaring Mr.
Brown entitled to the escrowed proceeds and he dismissed the
appellants’ counterclaim that they are entitled to the proceeds.
However, the motion judge did not grant Mr. Brown summary