The appellant appealed a summary judgment motion in favour of the respondent bank for recovery of $58,126.03 on an outstanding line of credit account.
The appellant raised three grounds of appeal: (1) the motion judge relied on a 1988 line of credit agreement when the statement of claim referenced a 1994 agreement; (2) the respondent's affiant relied on hearsay evidence and failed to provide proper notice of business records; and (3) the motion judge failed to provide reasons for awarding post-judgment interest at a rate higher than the statutory rate.
The Court of Appeal dismissed all grounds of appeal and upheld the summary judgment.