The appellants appealed a summary judgment granted in favour of the respondent Bank.
The Court of Appeal found that the motion judge correctly determined that a key paragraph in the Bank's supporting affidavit should be ignored because the affiant failed to disclose the sources of her knowledge.
However, having made that determination, the motion judge erred in granting summary judgment, as there remained a genuine issue for trial regarding how much, if anything, the corporate appellant owed the Bank.
The appeal was allowed and the Bank's motion for summary judgment was dismissed.
