Bone Safety Signs, LLC v. Work Zone Safety Products Inc.

Bone Safety Signs, LLC v. Work Zone Safety Products Inc.

The appeal is dismissed because the motion judge correctly applied summary judgment principles, the appellant failed to advance any factual foundation for defences of waiver or failure to mitigate, and the costs award based on the respondent's offer to settle was permissible given rule 49 and r.49.13 and the limited scope of s.121 to court orders.

Citation
2018 ONCA 301
Parties
Plaintiff (respondent): Bone Safety Signs, LLC; Defendant (appellant): Work Zone Safety Products Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
26 March 2018
Procedural Posture
Civil Appeal / Appeal From Summary Judgment
Outcome
Appeal dismissed; summary judgment and costs award affirmed.
Legal Topics
Summary Judgment, Waiver, Mitigation, Offer to Settle, Rule 49, Foreign Currency Obligations, Costs on Substantial Indemnity
Source Language
English
Contract Commercial Law Civil Procedure Costs Remedies Summary Judgment Waiver Mitigation +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Bone Safety Signs, LLC

Plaintiff (respondent)

Work Zone Safety Products Inc.

Defendant (appellant)

Procedural Posture

Civil Appeal / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether summary judgment was properly granted for goods sold and delivered
  2. 2 Whether the appellant established waiver as a defence with factual foundation
  3. 3 Whether a duty to mitigate arises in an action for goods sold and delivered and whether it was breached

Ratio Decidendi

The appeal is dismissed because the motion judge correctly applied summary judgment principles, the appellant failed to advance any factual foundation for defences of waiver or failure to mitigate, and the costs award based on the respondent's offer to settle was permissible given rule 49 and r.49.13 and the limited scope of s.121 to court orders.

Court Disposition

Appeal dismissed; summary judgment and costs award affirmed.

Orders

  • Summary judgment in favour of the plaintiff affirmed: judgment for the amount of Canadian dollars sufficient to purchase US$47,301.92 together with interest and costs.
  • Appeal dismissed.