Propjet Management (Ontario) Inc. v. Pascan Aviation Inc.

Propjet Management (Ontario) Inc. v. Pascan Aviation Inc.

The appeal is allowed and the summary judgment set aside because the appellant provided an adequate explanation for failing to produce material at the motion (a serious communication breakdown) and the additional cross-examination excerpts were significant and could have altered the result; accordingly the fresh evidence is admitted and the motion judge's reliance on misleading excerpts vitiated the summary judgment.

Citation
2007 ONCA 855
Parties
Plaintiff (respondent): Propjet Management (Ontario) Inc.; Defendant (appellant): Pascan Aviation Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
7 December 2007
Procedural Posture
Civil / Appeal From Summary Judgment Motion
Outcome
Appeal allowed; order of Pierce J. granting summary judgment set aside.
Legal Topics
Summary Judgment, Fresh Evidence on Appeal, Costs, Admissions in Evidence, Cross Examination Excerpts
Source Language
English
Civil Procedure Appellate Practice Evidence Summary Judgment Fresh Evidence on Appeal Costs Admissions in Evidence Cross Examination Excerpts

Case Brief

Summary, issues, holding and outcome

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Parties

Propjet Management (Ontario) Inc.

Plaintiff (respondent)

Pascan Aviation Inc.

Defendant (appellant)

Procedural Posture

Civil / Appeal From Summary Judgment Motion

Legal Issues

  1. 1 Whether fresh evidence should be admitted on appeal
  2. 2 Whether the motion judge properly granted summary judgment based on an alleged admission
  3. 3 Whether the appellant adequately explained failure to produce evidence at the motion

Ratio Decidendi

The appeal is allowed and the summary judgment set aside because the appellant provided an adequate explanation for failing to produce material at the motion (a serious communication breakdown) and the additional cross-examination excerpts were significant and could have altered the result; accordingly the fresh evidence is admitted and the motion judge's reliance on misleading excerpts vitiated the summary judgment.

Court Disposition

Appeal allowed; order of Pierce J. granting summary judgment set aside.

Orders

  • Summary judgment of Pierce J. set aside
  • Fresh evidence (additional cross-examination excerpts) admitted on appeal