The Appellant, one of many Defendants in an Action advanced by Transamerica Life Canada (“TLC”), was granted Summary Dismissal of the Claim against her, pursuant to Rule 7.3. The Decision was overturned on Appeal to a Justice of the Court of Queen’s Bench. The Appellant appealed.

The Claim against the Appellant was for failing to report the alleged wrongdoing of the other Defendants. Based on the evidence before the Court, the Chambers Justice held that a fair and just determination could not be made on the merits. The Appellant argued that the Chambers Judge erred by admitting additional evidence, and misconstrued the test for Summary Judgment. The Court of Appeal noted that additional evidence may be included in an Appeal from a Master’s decision to a Justice, pursuant to Rule 6.14. However, the Court of Appeal did not consider the additional evidence as the lower Court’s Decision was supported by the remaining evidence. Further, the Chambers Justice correctly stated and applied the test for Summary Judgment: Summary Judgment may be granted if a fair and just process reveals that there is no merit to the Claim. The Appeal was dismissed.