Element v. Del Mar
The third parties' summary judgment application was dismissed because the determination of the third party indemnity claim depends on the resolution of the plaintiff's claim and the counter-claim, which are not capable of summary disposition.
Source-derived case information.
- Citation
- 2012 BCSC 1198
- Parties
- Plaintiff: Barbara Element; Defendant: Polina Alexandra Del Mar; Defendant: Hygrozyme Management Inc.; Third Party: Angell, Hasman & Associates Realty Ltd.; Third Party: Roy Bonkowski; Third Party: Scampi Hirst; Third Party: Madeleine Phillippe
- Court
- Supreme Court of British Columbia
- Jurisdiction
- Canada
- Judgment Date
- 8 August 2012
- Procedural Posture
- Civil Summary Judgment Application / Supplementary Reasons for Judgment Following Summary Judgment Applications
- Outcome
- Third parties' summary judgment application dismissed.
- Legal Topics
- Summary Judgment, Third Party Claim, Indemnity, Summary Trial
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Barbara Element
Plaintiff
Polina Alexandra Del Mar
Defendant
Hygrozyme Management Inc.
Defendant
Angell, Hasman & Associates Realty Ltd.
Third Party
Roy Bonkowski
Third Party
Scampi Hirst
Third Party
Madeleine Phillippe
Third Party
Procedural Posture
Civil Summary Judgment Application / Supplementary Reasons for Judgment Following Summary Judgment Applications
Legal Issues
- 1 Whether the third party indemnity claim can be dismissed on summary judgment
- 2 Whether determination of the third party claim is dependent on unresolved plaintiff's claim and counter-claim
Ratio Decidendi
The third parties' summary judgment application was dismissed because the determination of the third party indemnity claim depends on the resolution of the plaintiff's claim and the counter-claim, which are not capable of summary disposition.
Court Disposition
Third parties' summary judgment application dismissed.
Orders
- Third parties' summary judgment application dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
2012 BCSC 1198 Element v. Del Mar IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Element v. Del Mar, 2012 BCSC 1198 Date: 20120808 Docket: S087769 Registry: Vancouver Between: Barbara Element Plaintiff And Polina Alexandra Del Mar and Hygrozyme Management Inc. Defendants And Angell, Hasman & Associates Realty Ltd., Roy Bonkowski, Scampi Hirst and Madeleine Phillippe Before: The Honourable Mr. Justice R. Punnett Supplementary Reasons for Judgment Counsel for the Plaintiff: T.R. Bjurman P. Bjurman (Articled Student) Counsel for the Defendant Polina Alexandra Del Mar: J.D. Whyte Counsel for the Defendant Hygrozme Management Inc.: P.J. Goodwin Counsel for the Third Parties: J. Forsythe Place and Date of Judgment: Vancouver, B.C. August 8, 2012 [1] These reasons supplement those indexed at 2012 BCSC 868. The applications for summary judgment were found not capable of summary disposition. [2] Counsel for the third parties seeks clarification with respect to the disposition of the third parties' summary trial application. [3] The third party notice of the Company claims indemnity from the third parties for any damages awarded against the Company. Given the plaintiff's claim against the defendants and the counter-claim are not capable of summary resolution the third parties' summary judgment application for dismissal of the third party claim is dismissed as its determination is dependent on resolution of the claim against the Company. "Punnett J."