Siemens Electric Limited v. Unident Limited

Siemens Electric Limited v. Unident Limited

The Court set aside the summary judgment and ordered both claim and counterclaim to proceed to trial because the defence of equitable set-off and the counterclaim raise genuine issues for trial; however the value of the goods and services supplied by the plaintiff is fixed at $96,861 as of the relevant date.

Citation
C29686
Parties
Plaintiff/respondent: Siemens Electric Limited; Defendant/appellant: Unident Limited; Defendant/appellant: Bozena Fejtek; Defendant/appellant: George J. Havlovic; Defendant/appellant: Marie I. Havlovic; Defendant/appellant: H. Lennox Seaforth
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
1 March 1999
Procedural Posture
Civil / Appeal From Rule 20 (summary Judgment) Motion
Outcome
Appeal allowed in part; judgment below set aside and matter remitted for trial except for a fixed component.
Legal Topics
Summary Judgment, Equitable Set Off, Counterclaim, Trial Direction
Source Language
English
Civil Procedure Equity Contract Summary Judgment Equitable Set Off Counterclaim Trial Direction

Case Brief

Summary, issues, holding and outcome

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Parties

Siemens Electric Limited

Plaintiff/respondent

Unident Limited

Defendant/appellant

Bozena Fejtek

Defendant/appellant

George J. Havlovic

Defendant/appellant

Marie I. Havlovic

Defendant/appellant

H. Lennox Seaforth

Defendant/appellant

Procedural Posture

Civil / Appeal From Rule 20 (summary Judgment) Motion

Legal Issues

  1. 1 Whether the Rule 20 judgment in favour of the plaintiff should be set aside
  2. 2 Whether the defence of equitable set-off raises a genuine issue for trial
  3. 3 Whether the counterclaim should be tried alongside the claim

Ratio Decidendi

The Court set aside the summary judgment and ordered both claim and counterclaim to proceed to trial because the defence of equitable set-off and the counterclaim raise genuine issues for trial; however the value of the goods and services supplied by the plaintiff is fixed at $96,861 as of the relevant date.

Court Disposition

Appeal allowed in part; judgment below set aside and matter remitted for trial except for a fixed component.

Orders

  • Set aside the judgment below granted on the Rule 20 motion
  • Both the plaintiff's claim and the defendant's counterclaim to proceed to trial