RAINARD v TAN, 2023 ABKB 50
6.14: Appeal from master’s judgment or order
The Defendant appealed from the Decision of an Applications Judge. The Applications Judge had granted the Plaintiff’s Application for Summary Judgment to enforce a 2018 Swiss Judgment against the Defendant.
The Defendant appealed on two grounds: (1) that the Applications Judge erred in her conclusion regarding the application of Ministerial Order M.O. 27/2020, which suspended limitation periods in certain circumstances; and (2) that evidence not before the Applications Judge established that there was a genuine issue requiring Trial.
Justice Nixon stated that the standard of review on an Appeal from an Applications Judge is correctness.
As referenced above, the Defendant filed new evidence: an Affidavit from a Swiss lawyer providing information about the Swiss legal process. The Court permitted the new evidence pursuant to Rule 6.14(3), which allows a Judge hearing an Appeal of an Applications Judge’s Judgment or Order to do so when the new evidence is relevant and material.
Justice Nixon found no error in the Applications Judge’s conclusions notwithstanding the new evidence. The Appeal was therefore dismissed.View CanLII Details