Geodis Wilson Canada Ltd. v. J & B Furniture Inc.

Geodis Wilson Canada Ltd. v. J & B Furniture Inc.

Because the motion judge had found Geodis Wilson was entitled to a lien and the defendant failed to present an evidentiary basis disputing entitlement or quantum on the summary judgment motion, there was no triable issue; the cross-appeal succeeds and Geodis Wilson is entitled to judgment for the full amount claimed for unpaid storage and detention/demurrage charges.

Citation
2011 ONCA 678
Parties
Plaintiff (respondent): Geodis Wilson Canada Ltd.; Defendant (appellant): J & B Furniture Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
1 November 2011
Procedural Posture
Collection (civil Appeal) / Appeal From Superior Court Summary Judgment; Cross Appeal to Court of Appeal
Outcome
Appeal allowed in part; cross-appeal allowed; portion of summary judgment awarding an arbitrary partial amount set aside; judgment granted to Geodis Wilson for the full amount claimed for unpaid storage and detention/demurrage charges; costs fixed.
Legal Topics
Summary Judgment, Lien, Storage Charges, Detention/demurrage, Costs, Appeal
Source Language
English
Civil Collections Commercial Law Summary Judgment Lien Storage Charges Detention/demurrage Costs +1 more

Case Brief

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Parties

Geodis Wilson Canada Ltd.

Plaintiff (respondent)

J & B Furniture Inc.

Defendant (appellant)

Procedural Posture

Collection (civil Appeal) / Appeal From Superior Court Summary Judgment; Cross Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the motion judge erred in awarding an arbitrary partial amount for storage and detention/demurrage charges
  2. 2 Whether the disputed storage/detention/demurrage charges raised a triable issue precluding summary judgment
  3. 3 Whether Geodis Wilson is entitled to judgment for the full amount claimed once a lien is established

Ratio Decidendi

Because the motion judge had found Geodis Wilson was entitled to a lien and the defendant failed to present an evidentiary basis disputing entitlement or quantum on the summary judgment motion, there was no triable issue; the cross-appeal succeeds and Geodis Wilson is entitled to judgment for the full amount claimed for unpaid storage and detention/demurrage charges.

Court Disposition

Appeal allowed in part; cross-appeal allowed; portion of summary judgment awarding an arbitrary partial amount set aside; judgment granted to Geodis Wilson for the full amount claimed for unpaid storage and detention/demurrage charges; costs fixed.

Orders

  • Set aside the portion of the motion judge's summary judgment that awarded an arbitrary partial amount for storage and detention/demurrage charges and that sent the balance to trial
  • Allow the cross-appeal and grant Geodis Wilson judgment for the full amount claimed for unpaid storage and detention/demurrage charges