Hacking v. Skyjack Inc.

Hacking v. Skyjack Inc.

The motions judge erred in concluding there was no genuine issue for trial; the record contained evidence sufficient to raise a triable issue regarding Linamar's alleged intentional interference with economic relations, so Linamar's summary judgment motion must be dismissed and the matter proceed to trial on that issue.

Citation
C40248
Parties
Plaintiff/appellant: James Hacking; Defendant/respondent: Skyjack Inc.; Defendant/respondent: Linamar Corporation
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
27 November 2003
Procedural Posture
Civil / Appeal From Summary Judgment Motion (court of Appeal)
Outcome
Appeal allowed in part; paragraphs 1 and 2 of the motions judge's order set aside; Linamar's motion for summary judgment dismissed.
Legal Topics
Intentional Interference With Economic Relations, Summary Judgment, Costs on Appeal
Source Language
English
Torts Civil Procedure Appeal Intentional Interference With Economic Relations Summary Judgment Costs on Appeal

Case Brief

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Parties

James Hacking

Plaintiff/appellant

Skyjack Inc.

Defendant/respondent

Linamar Corporation

Defendant/respondent

Procedural Posture

Civil / Appeal From Summary Judgment Motion (court of Appeal)

Legal Issues

  1. 1 Whether there was a genuine issue for trial regarding Linamar's liability for intentional interference with economic relations
  2. 2 Whether dismissal of the appellant's claim against Linamar on a summary judgment motion was inevitable
  3. 3 Appropriate costs orders on the motion and on appeal

Ratio Decidendi

The motions judge erred in concluding there was no genuine issue for trial; the record contained evidence sufficient to raise a triable issue regarding Linamar's alleged intentional interference with economic relations, so Linamar's summary judgment motion must be dismissed and the matter proceed to trial on that issue.

Court Disposition

Appeal allowed in part; paragraphs 1 and 2 of the motions judge's order set aside; Linamar's motion for summary judgment dismissed.

Orders

  • Paragraphs 1 and 2 of the motions judge's order set aside
  • Order dismissing Linamar Corporation's motion for summary judgment