1493321 Ontario Inc. v. Braemar International College Inc.

1493321 Ontario Inc. v. Braemar International College Inc.

The motion judge did not err in concluding there was no genuine issue for trial and in granting summary judgment dismissing the action; therefore the appeal is dismissed.

Citation
2009 ONCA 488
Parties
Appellant (plaintiff): 1493321 Ontario Inc.; Respondent (defendant): Braemar International College Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
17 June 2009
Procedural Posture
Civil / Appeal to Court of Appeal From Superior Court Summary Judgment (motion Judge Justice Kelly, Judgment Dated January 13, 2009)
Outcome
Appeal dismissed; summary judgment affirmed.
Legal Topics
Summary Judgment, Dismissal, Costs
Source Language
English
Civil Procedure Appeal Summary Judgment Dismissal Costs

Case Brief

Summary, issues, holding and outcome

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Parties

1493321 Ontario Inc.

Appellant (plaintiff)

Braemar International College Inc.

Respondent (defendant)

Procedural Posture

Civil / Appeal to Court of Appeal From Superior Court Summary Judgment (motion Judge Justice Kelly, Judgment Dated January 13, 2009)

Legal Issues

  1. 1 Whether the motion judge erred in granting summary judgment dismissing the action
  2. 2 Whether the costs award was appropriate

Ratio Decidendi

The motion judge did not err in concluding there was no genuine issue for trial and in granting summary judgment dismissing the action; therefore the appeal is dismissed.

Court Disposition

Appeal dismissed; summary judgment affirmed.

Orders

  • Appeal dismissed.
  • Costs to the respondent in the amount of $6,000 inclusive of disbursements and GST.