The Appellants appealed the dismissal of their Summary Judgment Application. The Respondent sued various Parties, including some police officers, alleging an assault against him. The Respondent was self-represented. The Police Officers sought Summary Judgment. The Chambers Judge dismissed the Action against some of the officers for lack of service and lack of merit, but allowed the Action to continue against two officers, holding that there was some evidence of contact between the Respondent and those officers.

The Majority granted the Appeal and held that the Chambers Judge erred in:

1.         Relying on the unsworn evidence of the Respondent;

2.         Holding that mere contact could constitute an assault; and

3.         Holding that Constable Downing made contact with the Respondent, as Constable Downing deposed that he did not have any contact with the Respondent, and the Respondent did not offer any sworn evidence.

Justice O’Ferrall held that it was not clear whether the opportunity was given to the Respondent to present evidence, and thus he would have remitted the matter to the Chambers Judge.