The plaintiff bank brought a motion for summary judgment to recover a credit card debt of $46,033.24 together with contractual interest.
The defendants had filed a statement of defence asserting lack of knowledge of the claim and referring to personal financial hardship but filed no responding affidavit materials and did not attend the motion.
Applying the summary judgment framework and the “full appreciation test” articulated in Combined Air, the court held that the record disclosed no genuine issue requiring a trial.
The defence consisted only of bald assertions unsupported by evidence.
Summary judgment was granted in favour of the bank together with contractual interest and costs.