The appellants appealed a summary judgment order dismissing their action against the respondents, who had built the house in question.
The Court of Appeal found that while the motion judge misstated the test under the new summary judgment rule, the critical error was finding no evidence to establish knowledge or causation.
The Court concluded there was sufficient evidence for a trial judge to find knowledge and causation, particularly because the respondents built the house.
The appeal was allowed and the matter remitted for trial.
