WALCZAK v CANADIAN IMPERIAL BANK OF COMMERCE

This was an Appeal of a Summary Judgment decision granted by the Chambers Judge pursuant to Rule 7.3(1)(b). The Chambers Judge had dismissed the Action on the grounds that the limitation period had passed. On Appeal, the Appellants argued that Summary Judgment should not have been granted because the Chambers Judge erred in interpreting and applying the law.

The Court of Appeal noted that the standard of review was reasonableness for the decision to grant Summary Judgment and correctness for the limitations issue. The Court of Appeal found that the Chambers Judge had correctly determined that the Action was limitations barred. Therefore, there was "no merit to [the] claim" pursuant to Rule 7.3(1)(b) and Summary Judgment was appropriate.

The Court of Appeal dismissed the Appeal.