The plaintiff brought a motion for summary judgment in a dispute between brothers concerning an alleged loan.
The motion had previously been adjourned due to deficiencies in the record and later struck from the list because it was not confirmed in accordance with Rule 37.10.1 of the Rules of Civil Procedure.
The court considered whether the motion should proceed and whether procedural consequences should follow.
Given credibility issues, the largely oral nature of the alleged agreement, and the absence of discovery, the court found the summary judgment motion premature and inefficient.
The motion was dismissed, the defendant was granted costs thrown away on the motion, and the action was directed to proceed through production, discovery, and trial preparation under case management.
