In Massaar v. Moneck, 2026 ONCA 467, the Court of Appeal dismissed an appeal of an order finding that the money advanced by the respondent to the applicant was a loan and not a gift, a finding that was found on a paper record. On the motion, Her Honour determined that she could fairly and justly decide the merits of the dispute on a paper record after determining there was no genuine issue requiring a trial. The Court of Appeal found that the motion judge’s discretion not to hold a mini-trial or trial requiring oral evidence is owed deference, unless it can be shown that there was a reversible error in that decision to decide the motion based on the documentary evidence that was filed. It was found that there was no error in the motion judge’s decision to proceed on the paper record. The record filed before the motion … Read More