The appellant appealed a summary judgment and costs order.
The Court of Appeal upheld the summary judgment, finding no genuine issue for trial and confirming the motions judge's jurisdiction to hear the summary judgment motion despite the appellant's motion to discontinue under Rule 23.
The Court also upheld the solicitor and client costs award.
However, the Court set aside one paragraph of the judgment regarding the costs of a prior motion, as the motions judge lacked jurisdiction to alter an existing order.
The appeal was allowed in part.
