PRACTICE |
Judgments and Orders |
Summary Judgment |
Wall v. Brunell
A-414-97
Malone J.A.
9/6/00
3 pp.
Appeal from order granting motion for summary judgment thereby dismissing plaintiff's action--Federal Court Rules, R. 432.1(2) permitting motion for summary judgment based upon affidavit material--Motions Judge correctly held plaintiff, on motion for summary judgment may not rest on pleadings, but must set out in affidavit material or other evidence, specific facts showing genuine issue for trial--Motions Judge must be able to assess nature, quality of evidence supporting "genuine issue for trial"--Where, as here, plaintiff not filing affidavit in response to motion for summary judgment, Court entitled to infer unable to attest to such facts as required to make out claim--Affidavits before Motions Judge on which no cross-examination conducted unrefuted--As no genuine issue for trial, no error in granting summary judgment--Appeal dismissed--Federal Court Rules, C.R.C., c. 663, R. 432.1 (as enacted by SOR/94-41, s. 5).