Turtle Creek Landscape Inc. v. Summit Auto Brokers Inc.

Turtle Creek Landscape Inc. v. Summit Auto Brokers Inc.

The motion judge correctly concluded that Turtle Creek was not the purchaser of the vehicle and thus lacked a cause of action, and that on the evidence the appellant failed to prove defects or payment for repairs and did not plead or substantiate fraud; therefore summary judgment was appropriate and the dismissal was upheld under Hryniak.

Citation
2018 ONCA 95
Parties
Plaintiff (appellant): Turtle Creek Landscape Inc.; Defendant (respondent): Summit Auto Brokers Inc.; Defendant (respondent): Shane Baghaee
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
1 February 2018
Procedural Posture
Civil / Appeal From Summary Judgment Motion
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Purchase of Goods, Standing, Damages, Costs, Odometer Tampering, Warranty
Source Language
English
Civil Contract Property Consumer Law Procedure Summary Judgment Purchase of Goods Standing +4 more

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Parties

Turtle Creek Landscape Inc.

Plaintiff (appellant)

Summit Auto Brokers Inc.

Defendant (respondent)

Shane Baghaee

Defendant (respondent)

Procedural Posture

Civil / Appeal From Summary Judgment Motion

Legal Issues

  1. 1 Whether the appellant was the purchaser of the vehicle and therefore had standing to sue
  2. 2 Whether the motion judge correctly granted summary judgment under Hryniak v. Mauldin
  3. 3 Whether the appellant proved the truck required repairs and that it paid for repairs

Ratio Decidendi

The motion judge correctly concluded that Turtle Creek was not the purchaser of the vehicle and thus lacked a cause of action, and that on the evidence the appellant failed to prove defects or payment for repairs and did not plead or substantiate fraud; therefore summary judgment was appropriate and the dismissal was upheld under Hryniak.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Costs fixed at $5,500 inclusive of applicable taxes and disbursements to be paid by the appellant to the respondents.