V.K. Mason Construction Ltd. v. Canadian General insurance Group Limited

V.K. Mason Construction Ltd. v. Canadian General insurance Group Limited

The order dismissing the defendant's Rule 20 summary judgment motion is interlocutory because it only determined that there is a genuine issue for trial; the motions judge's reasons do not create res judicata or issue estoppel binding the trial judge (except for the finding that a genuine issue for trial exists); accordingly the appeal to this court was quashed.

Citation
C30574, M23231
Parties
Plaintiff (respondent): V.K. Mason Construction Ltd.; Defendant (appellant): Canadian General Insurance Group Limited
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
17 December 1998
Procedural Posture
Civil / Motion to Quash Appeal From Dismissal of Rule 20 Summary Judgment Motion at Court of Appeal
Outcome
Appeal quashed
Legal Topics
Summary Judgment, Interlocutory Vs Final Order, Res Judicata, Issue Estoppel, Subrogation Waiver, Performance Bond, Trust for Third Party Beneficiary
Source Language
English
Civil Procedure Insurance Law Contract Law Suretyship/subrogation Trust Law Summary Judgment Interlocutory Vs Final Order Res Judicata +4 more

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Parties

V.K. Mason Construction Ltd.

Plaintiff (respondent)

Canadian General Insurance Group Limited

Defendant (appellant)

Procedural Posture

Civil / Motion to Quash Appeal From Dismissal of Rule 20 Summary Judgment Motion at Court of Appeal

Legal Issues

  1. 1 Whether an order dismissing a Rule 20 summary judgment motion is final or interlocutory for appeal purposes
  2. 2 Whether findings in the motions judge's reasons operate as res judicata or issue estoppel at trial
  3. 3 Whether plaintiff (Mason) had status to sue the surety as trustee for CIBC

Ratio Decidendi

The order dismissing the defendant's Rule 20 summary judgment motion is interlocutory because it only determined that there is a genuine issue for trial; the motions judge's reasons do not create res judicata or issue estoppel binding the trial judge (except for the finding that a genuine issue for trial exists); accordingly the appeal to this court was quashed.

Court Disposition

Appeal quashed

Orders

  • Appeal quashed
  • No order as to costs