The appellant appealed a summary trial judgment ordering the return of a $20,000 condominium deposit to the respondent.
The trial judge had found the respondent mentally incompetent to enter the agreement of purchase and sale based solely on a medical report from her psychiatrist.
The Divisional Court allowed the appeal and dismissed the action, finding that the medical report was improperly admitted into evidence because it was not supported by an affidavit nor filed in compliance with section 52 of the Evidence Act, thereby depriving the appellant of the opportunity to cross-examine the doctor.
