Sutton Group-All Pro Realty Inc. v. Kim

Sutton Group-All Pro Realty Inc. v. Kim

Under the revised Rule 20 as interpreted in Hryniak the motion judge did not err in making the necessary factual findings on the summary judgment motion; the primary disputed issue was a pure question of fact attracting strong deference, so the appeal is dismissed.

Citation
2014 ONCA 583
Parties
Plaintiff (respondent): Sutton Group-All Pro Realty Inc.; Defendant (appellant): Yevgeniy Kim
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
14 August 2014
Procedural Posture
Civil / Appeal From Summary Judgment Motion
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Fact Finding, Rule 20, Hryniak V. Mauldin
Source Language
English
Civil Procedure Real Property Summary Judgment Fact Finding Rule 20 Hryniak V. Mauldin

Case Brief

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Parties

Sutton Group-All Pro Realty Inc.

Plaintiff (respondent)

Yevgeniy Kim

Defendant (appellant)

Procedural Posture

Civil / Appeal From Summary Judgment Motion

Legal Issues

  1. 1 Whether the motion judge erred in making findings of fact on a summary judgment motion under the revised Rule 20
  2. 2 Whether the broker showed the property to the purchaser (primary factual dispute)

Ratio Decidendi

Under the revised Rule 20 as interpreted in Hryniak the motion judge did not err in making the necessary factual findings on the summary judgment motion; the primary disputed issue was a pure question of fact attracting strong deference, so the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded to the respondent in the amount of $5,790.00, including taxes and disbursements