Background: On September 9, 2022, the Supreme Court of British Columbia ruled in favor of the Royal Bank of Canada, ordering Josip Tolzmann to pay $689,509.75 as guarantor for Superior Flood and Fire Restoration Inc. Tolzmann argued that the chambers judge erred in resolving credibility issues and conflicts in affidavit evidence.

Legal Arguments/Issues: Tolzmann contended that the chambers judge should not have resolved the conflict in evidence through a summary trial, especially regarding a discrepancy in the Bank’s demand for payment address. He also argued that the judge failed to recognize credibility issues involving a key witness.

Court's Analysis and Decision: The Court of Appeal held that it was appropriate for the summary trial judge to resolve the evidence conflict. The discrepancy was due to a typographical error in the Bank's affidavit. The chambers judge correctly determined that the Bank’s last known address for Tolzmann was 1404 – 1710 Bayshore Drive. The appellant did not provide evidence to the contrary, and the chambers judge did not place an undue onus on him.

Outcome: The appeal was dismissed. Josip Tolzmann was liable to pay $689,509.75 to the Royal Bank of Canada, plus post-judgment interest from September 10, 2022.

Conclusion: The Court affirmed that summary trials could resolve such evidence discrepancies, and the chambers judge did not err in his judgment.