The respondent obtained summary judgment against the appellants for an alleged loan under the simplified rules.
The appellants appealed, arguing that the statement of claim only pleaded a single loan of $22,750 (U.S.), which they claimed to have repaid, rather than a revolving line of credit as found by the trial judge.
The Court of Appeal allowed the appeal and set aside the summary judgment, finding that the trial judge erred by granting judgment based on a revolving line of credit that was not properly pleaded in the statement of claim.
