G. Lipton Sales Ltd. v. Sivitilli

G. Lipton Sales Ltd. v. Sivitilli

The appeal was dismissed because the appellant offered no evidence that the respondent knew of or participated in the alleged fraud and the statement of claim did not plead negligence against the respondent; speculation based on a prior business relationship and use of an associated account did not raise a triable issue to defeat summary judgment.

Citation
2015 ONCA 214
Parties
Plaintiff (appellant): G. Lipton Sales Ltd. carrying on business under the firm name and style of LND Sales; Defendant (respondent): Piero Sivitilli; Defendant (respondent): Edward Sivitilli; Defendant (respondent): North One Investments Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
30 March 2015
Procedural Posture
Civil Appeal From Summary Judgment / Appeal to Court of Appeal From Superior Court Order Granting Summary Judgment Dismissing Claim Against Respondent
Outcome
Appeal dismissed; summary judgment affirmed
Legal Topics
Summary Judgment, Pleadings, Knowledge and Participation, Triable Issue, Costs
Source Language
English
Civil Tort Fraud Negligence Civil Procedure Summary Judgment Pleadings Knowledge and Participation +2 more

Case Brief

Summary, issues, holding and outcome

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Parties

G. Lipton Sales Ltd. carrying on business under the firm name and style of LND Sales

Plaintiff (appellant)

Piero Sivitilli

Defendant (respondent)

Edward Sivitilli

Defendant (respondent)

North One Investments Inc.

Defendant (respondent)

Procedural Posture

Civil Appeal From Summary Judgment / Appeal to Court of Appeal From Superior Court Order Granting Summary Judgment Dismissing Claim Against Respondent

Legal Issues

  1. 1 Whether the motion judge erred in granting summary judgment dismissing the claim against the respondent
  2. 2 Whether the evidence raised a triable issue of the respondent's knowledge or participation in alleged fraud
  3. 3 Whether the statement of claim pleaded a negligence cause of action against the respondent

Ratio Decidendi

The appeal was dismissed because the appellant offered no evidence that the respondent knew of or participated in the alleged fraud and the statement of claim did not plead negligence against the respondent; speculation based on a prior business relationship and use of an associated account did not raise a triable issue to defeat summary judgment.

Court Disposition

Appeal dismissed; summary judgment affirmed

Orders

  • Appeal dismissed
  • Summary judgment dismissing the claim against the respondent is affirmed