Kazmik Investments Inc. v. Lozynsky

Kazmik Investments Inc. v. Lozynsky

The motions judge correctly concluded there was no genuine issue for trial; the Court of Appeal found no error in that conclusion and dismissed the appeal with costs.

Citation
C40648
Parties
Plaintiff/respondent: Kazmik Investments Inc.; Defendant/appellant: Orest Lozynsky; Third Party: Accelerate Healthcare Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
12 March 2004
Procedural Posture
Civil / Appeal
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, No Genuine Issue for Trial, Costs
Source Language
English
Civil Collections Appeal Summary Judgment No Genuine Issue for Trial Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Kazmik Investments Inc.

Plaintiff/respondent

Orest Lozynsky

Defendant/appellant

Accelerate Healthcare Inc.

Third Party

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether there was a genuine issue for trial
  2. 2 Whether the motions judge erred in finding no genuine issue for trial
  3. 3 Whether the appeal should be dismissed and costs awarded

Ratio Decidendi

The motions judge correctly concluded there was no genuine issue for trial; the Court of Appeal found no error in that conclusion and dismissed the appeal with costs.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs fixed in the amount of $5,000.00