R & D Partners v. Mediamix Interactive Inc.

R & D Partners v. Mediamix Interactive Inc.

Partial summary judgment was properly granted because Rule 76 does not bar summary judgment in appropriate cases, the appellant adduced no evidence to create a genuine issue for trial, the claim was a straightforward collection matter, and the motion process was not disproportionate or unfair; accordingly the motion judge's order was correct and the appeal is dismissed.

Citation
2015 ONCA 284
Parties
Plaintiff (respondent): R & D Partners, a division of 4037201 Canada Inc.; Defendant (appellant): Mediamix Interactive Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
23 April 2015
Procedural Posture
Collection / Appeal From Judgment of Superior Court (partial Summary Judgment)
Outcome
Appeal dismissed; motion judge's partial summary judgment upheld.
Legal Topics
Summary Judgment, Rule 76 Simplified Procedure, Proportionality, Costs, Evidence
Source Language
English
Civil Procedure Collection Appeal Summary Judgment Rule 76 Simplified Procedure Proportionality Costs Evidence

Case Brief

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Parties

R & D Partners, a division of 4037201 Canada Inc.

Plaintiff (respondent)

Mediamix Interactive Inc.

Defendant (appellant)

Procedural Posture

Collection / Appeal From Judgment of Superior Court (partial Summary Judgment)

Legal Issues

  1. 1 Whether partial summary judgment is permissible in a Rule 76 simplified proceeding
  2. 2 Whether the appellant's failure to file evidence defeated its ability to oppose the summary judgment motion
  3. 3 Whether the claim was a straightforward collection matter warranting summary determination

Ratio Decidendi

Partial summary judgment was properly granted because Rule 76 does not bar summary judgment in appropriate cases, the appellant adduced no evidence to create a genuine issue for trial, the claim was a straightforward collection matter, and the motion process was not disproportionate or unfair; accordingly the motion judge's order was correct and the appeal is dismissed.

Court Disposition

Appeal dismissed; motion judge's partial summary judgment upheld.

Orders

  • Appeal dismissed.
  • Partial summary judgment of the motion judge upheld.