Hits Entertainment Inc. v. Zaakir

Hits Entertainment Inc. v. Zaakir

The appeal was dismissed because the appellant produced no evidentiary support for claims of illegality or for an obligation of ongoing movie supply, the failure to pay under the Share Purchase Agreement was undisputed, and the motion judge correctly applied summary judgment principles; therefore no genuine issue for trial existed.

Citation
2014 ONCA 637
Parties
Plaintiff (respondent): Hits Entertainment Inc.; Defendant (appellant): Allan S.M. Zaakir (also known as Sheik Mohamed Zaakir)
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
15 September 2014
Procedural Posture
Civil Appeal From Summary Judgment / Court of Appeal Decision on Appeal From Summary Judgment (motion Judge: Justice Sandra Chapnik, Superior Court of Justice)
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Share Purchase Agreement, Illegality Defence, Credibility, Costs
Source Language
English
Contract Civil Procedure Commercial Law Summary Judgment Share Purchase Agreement Illegality Defence Credibility Costs

Case Brief

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Parties

Hits Entertainment Inc.

Plaintiff (respondent)

Allan S.M. Zaakir (also known as Sheik Mohamed Zaakir)

Defendant (appellant)

Procedural Posture

Civil Appeal From Summary Judgment / Court of Appeal Decision on Appeal From Summary Judgment (motion Judge: Justice Sandra Chapnik, Superior Court of Justice)

Legal Issues

  1. 1 Whether summary judgment was appropriate given undisputed non‑payment under the Share Purchase Agreement
  2. 2 Whether the purchased business was illegal and therefore the agreement unenforceable
  3. 3 Whether the parties' agreements contemplated an ongoing supply of new movies

Ratio Decidendi

The appeal was dismissed because the appellant produced no evidentiary support for claims of illegality or for an obligation of ongoing movie supply, the failure to pay under the Share Purchase Agreement was undisputed, and the motion judge correctly applied summary judgment principles; therefore no genuine issue for trial existed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Summary judgment of the motion judge upheld