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Appeal from summary judgment dismissed as appellants failed to compel production or put best foot forward.
The appellants appealed a summary judgment decision and sought leave to introduce fresh evidence.
The Court of Appeal dismissed the fresh evidence motion, noting it did not meet the test and was not needed to argue the appeal.
On the main appeal, the appellants argued that summary judgment was premature due to missing evidence.
The Court rejected this, finding the appellants failed to take steps to compel production and did not put their best foot forward.
The motion judge correctly applied the tests for summary judgment.
The appeal and leave to appeal costs were dismissed, with costs of the appeal fixed at $85,000.
