The appellants appealed a decision of the motions judge who refused leave to amend the statement of defence and granted summary judgment to the respondent.
The Court of Appeal held that the motions judge was required to hear the motion to amend first and had no basis to refuse leave under Rule 26.01.
The Court granted leave to amend the statement of defence and, finding that the amended pleadings raised genuine issues for trial, dismissed the respondent's motion for summary judgment.
