Does the acceptance of an appraisal report be accepted in a motion for summary judgment?

Ontario, Canada


The following excerpt is from The Toronto-Dominion Bank v. 466888 Ontario Limited, 2010 ONSC 3798 (CanLII):

The acceptance of the appraisal reports, at least for the purpose of acknowledging the steps taken by the plaintiff in undertaking the sale, is confirmed by the decision in Handleman v. G & G Group Ltd., supra. In that case, the judge considered a motion for summary judgment. As here, the defendant, who was the responding party, took the position that the sale of the land which had been the subject of a charge was improvident. In dealing with whether to take into account appraisal reports that had been exhibited to an affidavit, the judge observed that rule 20.02(1) provides that an affidavit on a motion for summary judgment may be made on information and belief. The motion judge then noted [at para. 18]: At the very least the appraisal establishes that, by obtaining an appraisal before the sale, the plaintiffs were acting reasonably in selling the property.

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