Lan v Buchanan

canada, canadian, case law, court opinion, canlii, bcca, 2026bcca370, 2026 bcca 370 (canlii), 2026, bcca, 370, (canlii), ca51492, 2026, procedure, summary judgment, supreme court civil rules, r 9, 6, no genuine issue for trial, whether family debt order provided “unrefuted basis” for judgment, “beyond a reasonable doubt” threshold applied, summary judgment on debt claim set aside, summary judgment application dismissed, contracts, debt, loan agreement, family law act apportionment, whether family debt order creates creditor, debtor relationship, contract between creditor and debtor dictates enforceable rights, no finding spouse was party to loan, creditor must sue in contract, appeal allowed, family, division of family debt, family law act, part 5, ss 82 and 97(3), whether order in relation to family debt applies only as between spouses, rights and remedies of third, party creditors unaffected, family debt classification not equivalent to contractual liability, order did not give creditor enforcement right, appeal allowed, limitation periods, limitations act, discoverability, whether claim “could not reasonably have been discovered” until family debt order, limitation analysis depends on contract terms and factual disputes, genuine issue for trial on limitation defence, summary judgment refused, evidence, fresh evidence on appeal, admissibility, whether documents would have made a difference, application for summary judgment turned on a legal question, proposed documents had no bearing on legal questions, fresh evidence applications dismissed