Del Ridge Construction Inc. v. The General Accident Assurance Company of Canada

Del Ridge Construction Inc. v. The General Accident Assurance Company of Canada

The motion judge erred by resolving disputed factual and legal issues on a summary judgment motion; because the record showed genuine issues for trial and the pleadings and discoveries were complete, the proper remedy was to set aside the motion judge's order and remit all issues to a single trial judge for determination.

Citation
C39914, C41583
Parties
Plaintiff (respondent; Appellant by Way of Cross Appeal): Del Ridge Construction Inc.; Defendant (appellant; Respondent by Way of Cross Appeal): The General Accident Assurance Company of Canada; Defendant (appellant; Respondent by Way of Cross Appeal): Trinity Anglican Church; Defendant (appellant; Respondent by Way of Cross Appeal): Intra Architects Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
17 August 2005
Procedural Posture
Civil (collection) / Appeal From Motion Judge Order on Summary Judgment; Remitted to Trial
Outcome
Order of the motion judge set aside; all issues to be tried by a trial judge; no costs of the appeal; costs of the motion to be determined by the trial judge.
Legal Topics
Summary Judgment, Withdrawal of Consultant's Certificate, Termination by Frustration, Insurance Coverage for Construction Loss, Quantum Determination, Procedural Finality
Source Language
English
Contract Insurance Construction Law Civil Procedure Appeal Summary Judgment Withdrawal of Consultant's Certificate Termination by Frustration +3 more

Case Brief

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Parties

Del Ridge Construction Inc.

Plaintiff (respondent; Appellant by Way of Cross Appeal)

The General Accident Assurance Company of Canada

Defendant (appellant; Respondent by Way of Cross Appeal)

Trinity Anglican Church

Defendant (appellant; Respondent by Way of Cross Appeal)

Intra Architects Inc.

Defendant (appellant; Respondent by Way of Cross Appeal)

Procedural Posture

Civil (collection) / Appeal From Motion Judge Order on Summary Judgment; Remitted to Trial

Legal Issues

  1. 1 Whether the consultant was entitled to withdraw the certificate after issuing it and being served with the Statement of Claim
  2. 2 Whether the motion judge erred by deciding all disputed issues on a summary judgment motion instead of sending genuine issues to trial
  3. 3 Whether the insurer was liable under the contractor's policy given the circumstances

Ratio Decidendi

The motion judge erred by resolving disputed factual and legal issues on a summary judgment motion; because the record showed genuine issues for trial and the pleadings and discoveries were complete, the proper remedy was to set aside the motion judge's order and remit all issues to a single trial judge for determination.

Court Disposition

Order of the motion judge set aside; all issues to be tried by a trial judge; no costs of the appeal; costs of the motion to be determined by the trial judge.

Orders

  • Order of the motion judge set aside in its entirety
  • All issues in the action remitted for trial to one trial judge