What is the test for an application for summary judgment based on three bills of exchange?
Saskatchewan, Canada
The following excerpt is from Bank of Nova Scotia v. Elfenbaum, 1986 CanLII 3064 (SK QB):
An application for summary judgment based on three bills of exchange was dismissed by the full court in this province in Velie v. Hemstreet (1909), 11 W.L.R. 297. The defendant in that case did not file an affidavit. He relied entirely on the fact that the statement of claim did not disclose a good cause of action against him. Wetmore, C.J., held that it was sufficient if the defendant raised an arguable question of law.
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