2249740 Ontario Inc. v. Morguard Elgin Ltd.

2249740 Ontario Inc. v. Morguard Elgin Ltd.

The Court exercised its appellate authority to set aside the motion judge’s summary judgment decision, enter judgment for the respondent on the breach of contract claim, and, with the parties’ agreement, remit the quantification of damages to a different judge of the Superior Court of Justice.

Citation
2016 ONCA 233
Parties
Plaintiff (respondent): 2249740 Ontario Inc.; Defendant (appellant): Morguard Elgin Ltd.; Defendant (appellant): Morguard Corporation
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
31 March 2016
Procedural Posture
Civil / Appeal From Motion Judge; Judgment Entered on Appeal and Remitted for Quantification of Damages to a Different Judge
Outcome
Judgment entered in favour of the respondent for breach of contract; matter remitted to a different judge of the Superior Court of Justice for quantification of damages, if any.
Legal Topics
Summary Judgment, Breach of Contract, Quantification of Damages, Judgment on Appeal
Source Language
English
Contract Civil Procedure Appeal Remittal Summary Judgment Breach of Contract Quantification of Damages Judgment on Appeal

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Parties

2249740 Ontario Inc.

Plaintiff (respondent)

Morguard Elgin Ltd.

Defendant (appellant)

Morguard Corporation

Defendant (appellant)

Procedural Posture

Civil / Appeal From Motion Judge; Judgment Entered on Appeal and Remitted for Quantification of Damages to a Different Judge

Legal Issues

  1. 1 Whether the motion judge’s summary judgment decision should be set aside
  2. 2 Whether the Court of Appeal could enter judgment on appeal for breach of contract
  3. 3 Whether quantification of damages should be remitted to a different judge

Ratio Decidendi

The Court exercised its appellate authority to set aside the motion judge’s summary judgment decision, enter judgment for the respondent on the breach of contract claim, and, with the parties’ agreement, remit the quantification of damages to a different judge of the Superior Court of Justice.

Court Disposition

Judgment entered in favour of the respondent for breach of contract; matter remitted to a different judge of the Superior Court of Justice for quantification of damages, if any.

Orders

  • Having previously set aside the decision of the motion judge, judgment shall go in favour of the respondent for breach of contract by the appellants. The matter is remitted to a different judge of the Superior Court of Justice for quantification of damages, if any.