Daubney J held that summary judgement was not available in an action commenced by Originating Application (rather than by Claim and Statement of Claim).  He would however, have dismissed the action on the basis that the claims, brought pursuant to ss.106 and 107 of the Powers of Attorney Act, were not maintainable on the basis that the EPA was not used to carry the transactions into effect on behalf of the principal (the principal had signed the documents himself).

Read the case here.