Facts: 61839 Newfoundland & Labrador Limited (61839) filed a summary trial application against Philpott’s Realty Co. Limited (Philpott’s) claiming $1,300,000 under a promissory note. 61839 argued it acquired the right to this amount from Humber Valley Resort Corporation (HVRC), while Philpott’s contended the debt was settled through corporate restructuring and dividend payments.

Issues: The court had to decide if the evidence presented by 61839 was admissible, whether HVRC authorized and issued dividends to Canex (affecting the debt repayment), and if these matters could be justly resolved in a summary trial.

Court's Ruling: The court determined that the evidence provided by 61839 was largely inadmissible, lacking sufficient grounds for the business records exception to hearsay. It found that the factual issue of whether dividends were issued could be determined based on the record and ruled in favor of the defendant, allowing the proceeding to move to a full trial.

Costs/Damages: Costs were awarded against 61839 on a party and party basis, meaning 61839 was responsible for paying the legal costs incurred by Philpott’s in defending the summary trial application. No amount was specified.