The defendant, a retired Canada Revenue Agency investigator, brought a motion for summary judgment seeking dismissal of a civil action alleging conspiracy, misfeasance in public office, defamation, and interference with contractual relations arising from a tax audit and prosecution for tax evasion.
The court found that the plaintiff’s responding affidavit merely repeated vague allegations contained in the statement of claim and failed to provide evidence supporting any alleged tort.
On a summary judgment motion, the responding party must put their best foot forward with evidence demonstrating a genuine issue requiring trial.
The court concluded there was no evidence that the moving party acted improperly or conspired with others, and that the evidence only showed the performance of supervisory duties in good faith.
Summary judgment was granted and the action against the moving party dismissed.
