Forest Hill Homes (Cornell Rouge) Limited v. Hon

Forest Hill Homes (Cornell Rouge) Limited v. Hon

The motion judge correctly found on the appellant's own evidence and the contract acknowledgement that Ms. Lau acted for the respondent, there was no misrepresentation; the issues on the summary judgment motion were distinct from the third party claims so summary judgment was appropriate despite outstanding third...

Source-derived case information.

Citation
2021 ONCA 774
Parties
Plaintiff (respondent): Forest Hill Homes (Cornell Rouge) Limited; Defendant (appellant): Kay Hon
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
2 November 2021
Procedural Posture
Civil / Appeal From Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Agency, Misrepresentation, Third Party Claim, Costs
Source Language
english
Contract Property Civil Procedure Summary Judgment Agency Misrepresentation Third Party Claim Costs

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Parties

Forest Hill Homes (Cornell Rouge) Limited

Plaintiff (respondent)

Kay Hon

Defendant (appellant)

Procedural Posture

Civil / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the agent Romi Lau represented to the appellant that she was the appellant's agent (misrepresentation/agency)
  2. 2 Whether the motion judge erred in granting summary judgment on the main claim and counterclaim while third party proceedings remained outstanding
  3. 3 Whether comments made by the motion judge could bind or prejudice the appellant in subsequent third party proceedings (res judicata/preclusive effect)

Ratio Decidendi

The motion judge correctly found on the appellant's own evidence and the contract acknowledgement that Ms. Lau acted for the respondent, there was no misrepresentation; the issues on the summary judgment motion were distinct from the third party claims so summary judgment was appropriate despite outstanding third party proceedings; any observations regarding the third party claims were not intended to be binding on the court hearing those claims.

Court Disposition

Appeal dismissed

Orders

  • Costs to the respondent on a partial indemnity basis fixed at $15,000 inclusive of disbursements and taxes