Can a mortgagor’s solicitor refuse to accept a mortgage?

In the case of Salmon v. Morguard Trust Co., supra, at para. 39 cited to O.J., Osler J. held that the mortgage had not been created because [t]he mortgagor, however, cannot demand to be paid by his solicitor until that solicitor has fulfilled the conditions upon which the money was advanced. A trust is impressed upon the mortgagor’s solicitor but the beneficiary, the mortgagor, cannot call for payment until the conditions under which the funds have been advanced have been fulfilled.”