Schwegel v. Nacewicz

The Court held the appellant's issues were irrelevant and did not raise a genuine issue for trial, so the motion judge did not err in granting summary judgment.

Citation: 2008 ONCA 839
Parties: Plaintiff (respondent): Norman Schwegel; Defendant (appellant): Alexander Nacewicz, Litigation Administrator for the Estate of Wanda Nacewicz
Court: Court of Appeal for Ontario
Jurisdiction: Canada
Judgment Date: 12 December 2008
Procedural Posture: Civil Appeal From Summary Judgment / Decision on Appeal (court of Appeal)
Outcome: Appeal dismissed; summary judgment upheld.
Legal Topics: Summary Judgment, Genuine Issue for Trial, Costs
Source Language: English

Civil Procedure Appeal Enforcement of Judgments Summary Judgment Genuine Issue for Trial Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Norman Schwegel

Plaintiff (respondent)

Alexander Nacewicz, Litigation Administrator for the Estate of Wanda Nacewicz

Defendant (appellant)

Procedural Posture

Civil Appeal From Summary Judgment / Decision on Appeal (court of Appeal)

Legal Issues

1 Whether the motion judge erred in granting summary judgment
2 Whether the issues raised by the appellant constituted a genuine issue for trial

Ratio Decidendi

The Court held the appellant's issues were irrelevant and did not raise a genuine issue for trial, so the motion judge did not err in granting summary judgment.

Court Disposition

Appeal dismissed; summary judgment upheld.

Orders

Appeal dismissed
Costs to respondent in the amount of $5,000 plus G.S.T. and disbursements