6.14: Appeal from master’s judgment or order
7.3: Summary Judgment (Application and decision)

Case Summary

A Master granted Summary Judgment against the Defendants, Federkiewicz and Know Limits Private Lending Inc. The Defendants successfully appealed the Summary Judgment.

Justice Feth noted that Rule 6.14(3) allows an Appeal from a Master’s Judgment to rely on additional evidence that is relevant and material in the opinion of the Judge hearing the Appeal. His Lordship found that new evidence only needed to be relevant and material and is not required to meet any other requirements for fresh evidence such as in other types of appeals. As a result, Justice Feth accepted new evidence on foreign laws and other evidence from expert Affidavits as relevant and material to the Appeal.

Justice Feth then considered whether the facts of the case were appropriate for Summary Judgment. His Lordship applied Rule 7.3 which limits Summary Judgment only in the case where there is no defence or merit to a claim (or part of it) or when the only real issue to be tried is the amount to be awarded. Justice Feth found that the claim had highly contested and complicated facts. Summary adjudication was not appropriate for the difficult factual questions and contested facts.

Justice Feth allowed the Appeal and set aside the Summary Judgment.

View CanLII Details