The Applicant, TD Insurance Meloch Monnex (“TD”), appealed an Applications Judge’s Decision granting Summary Judgment in favour of the Respondents in the amount of $10,000 for replacing the roof on their home (“Decision”). The Court began by noting that the starting point in determining the standard of review of the Decision is Rule 6.14(3)(c) and held that, where an Appeal is on the record, as it was in the present case, the standard of review is correctness.

The Court noted that one of the preliminary issues that the Applications Judge considered was whether portions of the Plaintiffs’ Affidavit evidence ought to be struck pursuant to Rule 3.68(4). However, as this issue was not raised in TD’s Notice of Appeal, Ho J. did not consider it.

Ultimately, the Appeal of the Decision was allowed, with the Court holding that, given the factual background, the nature of the relationship between the parties, and the issues to be determined, an Application for Summary Judgment without expert evidence about the standard of care could not succeed.