Marsland Centre Limited v. Wellington Partners

Marsland Centre Limited v. Wellington Partners

The appeal is allowed because the motion judge failed to complete the second step of the Hryniak analysis by not providing an appropriate method to resolve genuine conflicting factual issues and improperly made credibility findings based on competing affidavits without cross-examination; therefore summary judgment could not stand and the order was set aside.

Citation
2017 ONCA 631
Parties
Plaintiff (respondent): Marsland Centre Limited; Defendant (appellant): Wellington Partners International Inc.; Defendant (appellant): Henri Stephen Machowski (also known as Steve Machowski); Defendant (appellant): Linda Machowski
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
2 August 2017
Procedural Posture
Civil / Appeal From Order Granting Partial Summary Judgment (rule 20 Motion)
Outcome
Appeal allowed; order granting summary judgment set aside.
Legal Topics
Summary Judgment, Rule 20, Hryniak Two Step Analysis, Commercial Tenancies Act S.50, Credibility Findings on Affidavits
Source Language
English
Commercial Tenancies Civil Procedure Landlord and Tenant Appeal Summary Judgment Rule 20 Hryniak Two Step Analysis Commercial Tenancies Act S.50 +1 more

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Parties

Marsland Centre Limited

Plaintiff (respondent)

Wellington Partners International Inc.

Defendant (appellant)

Henri Stephen Machowski (also known as Steve Machowski)

Defendant (appellant)

Linda Machowski

Defendant (appellant)

Procedural Posture

Civil / Appeal From Order Granting Partial Summary Judgment (rule 20 Motion)

Legal Issues

  1. 1 Whether the motion judge properly exercised authority under rule 20 of the Rules of Civil Procedure when granting partial summary judgment
  2. 2 Whether the motion judge properly applied ss.48 and 50 of the Commercial Tenancies Act

Ratio Decidendi

The appeal is allowed because the motion judge failed to complete the second step of the Hryniak analysis by not providing an appropriate method to resolve genuine conflicting factual issues and improperly made credibility findings based on competing affidavits without cross-examination; therefore summary judgment could not stand and the order was set aside.

Court Disposition

Appeal allowed; order granting summary judgment set aside.

Orders

  • Allow the appeal and set aside the order granting summary judgment.
  • Parties are free to pursue their claims, including bringing another motion for summary judgment, without being bound by determinations in the decision under appeal.