The appellant appealed a summary judgment order granted in favor of the Royal Bank of Canada and dismissing the appellant's counterclaim.
The appellant argued that the motion judge erred in refusing to accept late-filed materials for the summary judgment motion.
The appellant also brought a motion to adduce fresh evidence, including an affidavit from his lawyer explaining that he had misdiarized the filing date.
The Court of Appeal upheld the motion judge's decision, finding no basis to interfere with the discretionary refusal to accept late materials and denying the motion for leave to adduce fresh evidence.
The appeal was dismissed with costs awarded to the respondent on a substantial indemnity basis.
