Hectare Inc. (Hectare GMAC Real Estate) v. Goodman

Hectare Inc. (Hectare GMAC Real Estate) v. Goodman

The appeal was dismissed because the plaintiff had already obtained judgment for the full amount of their loss in a separate action and, on the record before the court, had not established damages as against these defendants so there was no genuine issue requiring a trial.

Citation
2012 ONCA 820
Parties
Plaintiff (appellant): Hectare Inc., o/a Hectare GMAC Real Estate; Defendant (respondent): Hugh Goodman; Defendant (respondent): 1517418 Ontario Inc.; Defendant (respondent): David Burn; Defendant (respondent): Bennett Burn LLP; Defendant (respondent): Carman McLelland; Defendant (respondent): McLelland Law
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
26 November 2012
Procedural Posture
Civil / Appeal From Superior Court of Justice (motion Decision)
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Res Judicata, No Genuine Issue for Trial, Damages, Costs
Source Language
English
Civil Collections Civil Procedure Damages Summary Judgment Res Judicata No Genuine Issue for Trial Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Hectare Inc., o/a Hectare GMAC Real Estate

Plaintiff (appellant)

Hugh Goodman

Defendant (respondent)

1517418 Ontario Inc.

Defendant (respondent)

David Burn

Defendant (respondent)

Bennett Burn LLP

Defendant (respondent)

Carman McLelland

Defendant (respondent)

McLelland Law

Defendant (respondent)

Procedural Posture

Civil / Appeal From Superior Court of Justice (motion Decision)

Legal Issues

  1. 1 Whether there was a genuine issue requiring a trial
  2. 2 Whether the plaintiff had established damages against these defendants
  3. 3 Whether the plaintiff's prior judgment in a separate action precluded recovery in this proceeding

Ratio Decidendi

The appeal was dismissed because the plaintiff had already obtained judgment for the full amount of their loss in a separate action and, on the record before the court, had not established damages as against these defendants so there was no genuine issue requiring a trial.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to the respondents in the amount of $10,000 inclusive of disbursements and applicable taxes.