The appellants appealed an order granting the respondent's motion for summary judgment and dismissing their claim for rectification.
The appellants argued the motion judge applied the incorrect test for summary judgment and improperly made credibility determinations.
The Court of Appeal dismissed the appeal, finding that the motion judge correctly directed herself to whether the record raised a genuine issue requiring a trial.
The documentary record confirmed that the requirements for rectification could not be met, which was dispositive of the motion.
