Appeal from a summary judgment order finding the appellants liable for civil fraud in connection with a fraudulent warranty repair scheme.
The appellants, through Eaton Equipment Ltd., submitted falsified invoices and receipts to Canadian Tire Corporation for repairs that were never performed, resulting in losses exceeding $3.2 million.
The Court of Appeal upheld the summary judgment against all appellants except Carleigh Milburn, finding that the motion judge's reasoning regarding her knowledge of the fraud was insufficiently explained and contained an inferential gap.
The appeal was allowed in part as it relates to Carleigh Milburn, but dismissed as it relates to the other appellants.