LONSDALE v MOURGARD CORPORATION

This was an Appeal brought by the Defendants from an oral Decision of an Applications Judge who had dismissed their Application for Summary Dismissal. The Appeal proceeded under Rule 6.14, which governs Appeals from Applications Judges and permits the matter to be heard on the record, with the possibility of admitting additional relevant and material evidence. The Defendants sought to rely on a newly sworn Affidavit from a witness whose earlier unsworn statement had been rejected. The Court admitted the Affidavit but found it insufficient because it did not confirm the truth of its contents. The Court reiterated that an Appeal pursuant to Rule 6.14 must be decided on the basis of the record unless proper sworn evidence is provided. The Appeal was dismissed, and the summary dismissal was again denied on the basis that a genuine issue requiring trial remained.