L’Image Enterprises v. 2255816 Ontario Inc. (Cucina Moda)

L’Image Enterprises v. 2255816 Ontario Inc. (Cucina Moda)

The motion judge did not err in refusing the adjournment because the appellant was informed of the peremptory date and failed to take adequate steps to retain counsel or file evidentiary material opposing the claim; given the absence of contradictory material, summary judgment and an award of costs were properly granted and the appellate court owes deference to that discretionary exercise.

Citation
2016 ONCA 883
Parties
Plaintiff (respondent): L’Image Enterprises; Defendant (appellant): 2255816 Ontario Inc. c.o.b. as Cucina Moda
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
22 November 2016
Procedural Posture
Civil (collection) / Appeal From Summary Judgment Decision of the Superior Court of Justice
Outcome
Appeal dismissed; summary judgment for respondent affirmed; costs awarded to respondent.
Legal Topics
Summary Judgment, Adjournment, Peremptory Order, Costs
Source Language
English
Civil Procedure Collection Law Summary Judgment Adjournment Peremptory Order Costs

Case Brief

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Parties

L’Image Enterprises

Plaintiff (respondent)

2255816 Ontario Inc. c.o.b. as Cucina Moda

Defendant (appellant)

Procedural Posture

Civil (collection) / Appeal From Summary Judgment Decision of the Superior Court of Justice

Legal Issues

  1. 1 Whether the motion judge erred in refusing a second adjournment of the respondent’s summary judgment motion
  2. 2 Whether summary judgment was properly granted in the absence of evidentiary material opposing the claim
  3. 3 Whether the appellant was denied procedural fairness by the refusal to adjourn

Ratio Decidendi

The motion judge did not err in refusing the adjournment because the appellant was informed of the peremptory date and failed to take adequate steps to retain counsel or file evidentiary material opposing the claim; given the absence of contradictory material, summary judgment and an award of costs were properly granted and the appellate court owes deference to that discretionary exercise.

Court Disposition

Appeal dismissed; summary judgment for respondent affirmed; costs awarded to respondent.

Orders

  • Appeal dismissed.
  • Summary judgment granted in favour of L’Image Enterprises for the amount claimed.