The appellant appealed a summary judgment that granted judgment on two promissory notes and dismissed its counterclaim.
The Court of Appeal found no error in the motion judge's discretionary decision to refuse leave for a further affidavit, noting it was proffered late and would be unfair.
The court agreed that the evidence did not raise a genuine issue requiring a trial, as the appellant's assertions were unsubstantiated.
The proposed fresh evidence on appeal also failed to meet the admission test.
The appeal was dismissed.
