1648483 Ontario Limited v. JTGT Holdings Inc.

1648483 Ontario Limited v. JTGT Holdings Inc.

The Court found no error in the motion judge's grant of partial summary judgment because the record and the absence of any contrary explanation from the franchisor supported the judgment.

Citation
2008 ONCA 30
Parties
Plaintiff (respondent): 1648483 ONTARIO LIMITED; Plaintiff (respondent): JOAN BEAUCHAMP; Defendant (appellant): JTGJ HOLDINGS INC.; Defendant (appellant): JOSEPH TRICHILO
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
17 January 2008
Procedural Posture
Civil Collection / Appeal From Superior Court of Justice (partial Summary Judgment)
Outcome
Appeal dismissed.
Legal Topics
Summary Judgment, Appeal, Costs
Source Language
English
Civil Collection Franchise Law Appeal Summary Judgment Costs

Case Brief

Summary, issues, holding and outcome

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Parties

1648483 ONTARIO LIMITED

Plaintiff (respondent)

JOAN BEAUCHAMP

Plaintiff (respondent)

JTGJ HOLDINGS INC.

Defendant (appellant)

JOSEPH TRICHILO

Defendant (appellant)

Procedural Posture

Civil Collection / Appeal From Superior Court of Justice (partial Summary Judgment)

Legal Issues

  1. 1 Whether the partial summary judgment was properly granted
  2. 2 Whether appellants provided a contrary explanation from the franchisor to rebut the record

Ratio Decidendi

The Court found no error in the motion judge's grant of partial summary judgment because the record and the absence of any contrary explanation from the franchisor supported the judgment.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed
  • Costs of $5,000, all inclusive.